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SIMMONS v. EPPS

No. 08-70048.

654 F.3d 526 (2011)

Gary Carl SIMMONS, Jr., Petitioner-Appellant, v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 2011.

Attorney(s) appearing for the Case

Kenneth Harold Coghlan , Rayburn Coghlan Law Firm, P.L.L.C., Oxford, MS, for Petitioner-Appellant.

Marvin Luther White, Jr. , Asst. Atty. Gen., Jackson, MS, for Respondent-Appellee.

Before DAVIS, GARZA and PRADO, Circuit Judges.

PER CURIAM:*

Petitioner Gary Carl Simmons Jr. appeals the denial of his petition for habeas corpus, brought pursuant to 28 U.S.C. § 2254. On August 29, 1997, Simmons was convicted of capital murder, rape, and kidnapping in the Circuit Court of Jackson County, Mississippi. After the Mississippi Supreme Court denied relief on direct review, Simmons v. State, 805 So.2d 452 (Miss.2001), and in...

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