Burbank v. Cain

EMILIO M. GARZA, Circuit Judge:

Respondent-Appellant Burl Cain (“State”) appeals from a decision of the District Court granting habeas relief to Petitioner-Appellee Tony Burbank (“Burbank”). A jury convicted Burbank of two counts of murder; he was sentenced to life on each count. The Louisiana Supreme Court found two constitutional errors at trial and remanded. On remand, the Louisiana Court of Appeal held the errors were harmless and affirmed Burbank’s conviction and sentence. The Louisiana Supreme Court denied certiorari. On federal habeas, the District Court disagreed with Louisiana’s…