United States Fifth Circuit

Grant of habeas relief vacating a conviction for capital murder is affirmed where, under applicable precedent, a Fourteenth Amendment violation occurred as: 1) the jury was not informed of a beneficial sentencing agreement that hinged directly on defendant's wife's testimony, and she was central to the state's case; 2) the state not only failed to correct her misleading testimony with respect to the deal but capitalized on that testimony, arguing to the jury that she had no reason to lie; and 3) the testimony at issue was material.

Appellate Information

• Decided 02/14/2008
• Published 02/15/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Denise LeBoeuf (argued), Carol A. Kolinchak, Capital Post-Conviction Project of Louisiana, New Orleans, LA, for Tassin., Terry Michael Boudreaux (argued), Gretna, LA, for Cain.