United States Fifth Circuit

Grant of habeas corpus in a second degree murder case is reversed where: 1) prosecutor's improper statements regarding what an unavailable witness would have testified to did not amount to a denial of due process; and 2) counsel's failure to request a jury instruction regarding accomplice testimony did not prejudice defendant.

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• ELROD, Circuit Judge:, Before GARWOOD, CLEMENT and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kelly Geiger, Angola, LA, pro se., David Stephen Pipes, New Orleans, LA, for Cain.