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BRUMFIELD v. CAIN

No. 12-30256.

808 F.3d 1041 (2015)

Kevan BRUMFIELD, Petitioner-Appellee, v. Burl CAIN, WARDEN, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 2015.

Attorney(s) appearing for the Case

Michael Brian Desanctis, Amir H. Ali (argued), R. Trent McCotter, Jenner & Block, L.L.P., Washington, DC, Nicholas Joseph Trenticosta, Esq., Attorney, Herrero & Trenticosta, New Orleans, LA, for Petitioner-Appellee.

Monisa Leola Thompson, Premila Burns, Assistant District Attorney (argued), District Attorney's Office, Baton Rouge, LA, for Respondent-Appellant.

Before KING, CLEMENT, and ELROD, Circuit Judges.

Petitioner-Appellee Kevan Brumfield was convicted of first degree murder and sentenced to death in 1995. Following state court proceedings, Brumfield filed a petition for a writ of habeas corpus in the district court, arguing that he is ineligible for the death penalty under Atkins v. Virginia, 536 U.S...

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