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SMITH v. QUARTERMAN

No. 05-70045.

471 F.3d 565 (2006)

Charles E. SMITH, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 30, 2006.

Attorney(s) appearing for the Case

Jack Knox Wall, Law Office of J.K. Rusty Wall, Midland, TX, for Petitioner-Appellant.

Woodson Erich Dryden, Asst. Atty. Gen., Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.

Before JOLLY, DAVIS and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Charles E. Smith was convicted and sentenced to death in Texas for the 1988 capital murder of Pecos County Deputy Sheriff Tim Hudson. He appeals the district court's denial of federal habeas relief on his claim that his counsel rendered ineffective assistance by failing to present any evidence at the punishment phase of the trial. Because Smith has not demonstrated that the state court's decision is contrary to, or an unreasonable application...

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