Legal Opinion

Benedict Kately v. Burl Cain, Warden

Court of Appeals for the Fifth Circuit

Decided January 9, 2013No. 12-30077PublishedCited by 34 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

A Louisiana state court denied the petitioner’s application for a writ of habeas corpus. The federal district court subsequently granted the petitioner habeas relief, determining that the state court’s decision was based on an unreasonable determination of the facts. We REVERSE.

FACTUAL AND PROCEDURAL BACKGROUND

On September 13, 2002, New Orleans police officers responded to a call about a shooting. They found Kendron Anderson lying on the floor in an apartment with a gunshot wound. He died at a hospital as the result of a gunshot wound to the chest. Days…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Wood v. AllenSupreme Court of the United States · 2010
  5. Young v. DretkeCourt of Appeals for the Fifth Circuit · 2004

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3Cited by34 opinions

  1. Lucio v. LumpkinCourt of Appeals for the Fifth Circuit · 2021
  2. Agyin v. LumpkinDistrict Court, W.D. Texas · 2020
  3. Agyin v. LumpkinDistrict Court, W.D. Texas · 2020
  4. Alvarado v. LumpkinDistrict Court, W.D. Texas · 2025
  5. Banks v. LumpkinDistrict Court, W.D. Texas · 2024

29 more not listed; retrieve them via the Exa API.

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