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McCAMEY v. EPPS

No. 10-60224.

658 F.3d 491 (2011)

Billy Allen McCAMEY, Petitioner-Appellee, v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections; Jim Hood, Attorney General of the State of Mississippi, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

September 27, 2011.

Attorney(s) appearing for the Case

Jim D. Waide, III (argued), Waide & Associates, P.A., Tupelo, MS, for Petitioner-Appellee.

Frances Patterson Croft (argued), Lesley G. Miller, Sp. Asst. Atty. Generals, Jackson, MS, for Respondents-Appellants.

Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

Following his conviction for a meth-related offense, Billy Allen McCamey exhausted his state remedies on claims that he did not knowingly and intelligently waive conflict-free counsel or an impartial jury. The federal magistrate judge, however, conducted its own evidentiary hearing and granted the writ. Based on our review of the state court proceedings alone, we reverse. This result is a function of the high hurdle for collateral review...

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