Kevan Brumfield v. Burl Cain, Warden

CARL E. STEWART, Chief Judge:

IT IS ORDERED that the opinion previously filed in this case, Brumfield v. Cain, No. 12-30256, 740 F.3d 946 (5th Cir. Jan. 8, 2014), is WITHDRAWN. The following opinion is substituted therefor:

The State of Louisiana appeals the district court’s imposition of a permanent injunction, enjoining the State from executing Petitioner-Appellee Kevan Brumfield. The district court granted habeas relief in favor of Brumfield, finding that he is mentally retarded 1 and therefore ineligible for execution based on Atkins v. Virginia, 586 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d…