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BRUMFIELD v. CAIN

Civil Action No. 04-787-JJB-CN.

854 F.Supp.2d 366 (2012)

Kevan BRUMFIELD v. Burl CAIN, Warden, Louisiana State Penitentiary.

United States District Court, M.D. Louisiana.

February 23, 2012.

Attorney(s) appearing for the Case

Nicholas J. Trenticosta, New Orleans, LA, Rebecca L. Hudsmith, Federal Public Defenders Office, Lafayette, LA, Richard William Westling, Washington, DC, for Kevin Brumfield.

Monisa L. Thompson, Premila Burns, East Baton Rouge Parish District Attorney's Office, Baton Rouge, LA, for Burl Cain, Warden, Louisiana State Penitentiary.

RULING ON PETITION FOR WRIT OF HABEAS CORPUS

JAMES J. BRADY, District Judge.

Before the Court is Kevan Brumfield's petition for a writ of habeas corpus filed against Burl Cain, the warden of the Louisiana State Penitentiary in Angola, Louisiana. Brumfield asks this Court to declare him mentally retarded and ineligible for the death penalty under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335...

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