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TITSWORTH v. DRETKE

No. 03-11260.

401 F.3d 301 (2005)

Timothy Tyler TITSWORTH, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 16, 2005.

Attorney(s) appearing for the Case

Gary Allen Taylor (argued), Austin, TX, Michael B. Charlton, Law Office of Michael B. Charlton, Alvin, TX, for Petitioner-Appellant.

Tomee Morgan Carden Crocker (argued), Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

In 1993, a jury in Randall County, Texas, convicted Timothy Titsworth of capital murder of Christine Marie Sossaman by striking her with an ax in the course of a robbery. The Texas Court of Criminal Appeals affirmed the conviction and sentence two years later in an unpublished opinion.1 That court described the crime as follows:

[T]he evidence shows [Titsworth] and the victim...

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