DUPUY v. CAIN

No. 99-30146.

201 F.3d 582 (2000)

Buford Anthony DUPUY, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 2000.


Attorney(s) appearing for the Case

Buford Anthony Dupuy, Angola, LA, pro se.

Jerold Edward Knoll, Thomas Eugene Papale, Knoll, Roy & Spruill, Marksville, LA, for Respondent-Appellee.

Before JONES, BARKSDALE and DENNIS, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

For this pro se, successive habeas petition, considered pursuant to the applicable standards prior to those imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), primarily at issue is whether the district court abused its discretion in determining that the challenged reasonable doubt jury instruction was not prejudicial for abuse of writ purposes. The other claims were also treated similarly...

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