WOODFOX v. CAIN

No. 13-30266.

772 F.3d 358 (2014)

Albert WOODFOX, Petitioner-Appellee v. Burl CAIN, Warden, Louisiana State Penitentiary; James Caldwell, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 20, 2014.


Attorney(s) appearing for the Case

Carine M. Williams (argued), George H. Kendall , Squire Patton Boggs (US) LLP, New York, NY., Christopher Albert Aberle , Mandeville, LA, Nicholas Joseph Trenticosta, Esq. , Attorney, Herrero & Trenticosta, New Orleans, LA, for Petitioner-Appellee.

James David "Buddy" Caldwell , Colin Andrew Clark, Esq. , Kurt Lawrence Wall , Assistant Attorney Generals, Office of the Attorney General, Richard A. Curry, Esq. , Michael Brent Hicks , Dan Edward West , McGlinchey Stafford, P.L.L.C., Baton Rouge, LA, Michelle West Scelson, Esq. , Richard C. Stanley, Esq. (argued), Stanley, Reuter, Ross, Thornton & Afford, L.L.C., New Orleans, LA, for Respondents-Appellants.

Before JOLLY, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Petitioner-Appellee Albert Woodfox is once again before this Court in connection with his federal habeas petition. The district court had originally granted Woodfox federal habeas relief on the basis of ineffective assistance of counsel, but we held that the district court erred in light of the deferential review afforded to state courts under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and therefore...

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