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U.S. Court of Appeals for the Fifth Circuit, 1995

Curtis Lee Kyles v. John P. Whitley, Warden, Louisiana State Penitentiary and Richard P. Ieyoub, Attorney General, State of Louisiana

Curtis Lee Kyles v. John P. Whitley, Warden, Louisiana State Penitentiary and Richard P. Ieyoub, Attorney General, State of Louisiana
U.S. Court of Appeals for the Fifth Circuit · Decided May 30, 1995 · King, Higginbotham, Jones
54 F.3d 243; 1995 WL 321973 (Federal Reporter, Third Series)

Counsel

George W. Healy, III (Court-appointed), Sheryl Bey, Phelps Dunbar, Gerard A. Rault, Jr., New Orleans, LA, for appellant., Jack C. Peebles, Harry F. Connick, Dist. Atty., New Orleans, LA, for Whitley.

Curtis Lee Kyles v. John P. Whitley, Warden, Louisiana State Penitentiary and Richard P. Ieyoub, Attorney General, State of Louisiana

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Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, HIGGINBOTHAM and JONES, Circuit Judges. PER CURIAM:

Our judgment in Kyles v. Whitley, 5 F.3d 806 (5th Cir. 1993), cert. granted, — U.S. —, 114 S.Ct. 1610, 128 L.Ed.2d 338 (1994), was reversed by the Supreme Court in Kyles v. Whitley, — U.S. —, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995), and remanded to this court. We REVERSE the judgment of the district court and we REMAND the case to the district court with instructions to issue the writ of habeas corpus unless the State of Louisiana initiates retrial of the petitioner within 180 days after the issuance of our mandate.

REVERSED and REMANDED.

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