Ricky Langley v. Howard Prince, Warden

STEPHEN A. HIGGINSON, Circuit Judge:

The State of Louisiana tried Ricky Langley three times for the same killing. At the second trial, the jury acquitted Langley of first degree murder, relevantly defined as (1) killing a human being (2) with specific intent to kill or to inflict great bodily harm (3) where the victim was under twelve. See La. R.S. 14:30(A)(5). Langley's attorneys had conceded the first and third elements, but disputed the second;

*508 they argued that Langley was mentally incapable of forming the requisite intent. Years later, at the third trial, and over a double jeopardy…