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REED v. STEPHENS

No. 13-70009.

739 F.3d 753 (2014)

Rodney REED, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 2014.

Attorney(s) appearing for the Case

Bryce Benjet, Esq., Innocence Project, New York, NY, Mark Stephen Chehi, Esq., Nicole Andrea DiSalvo, Esq., Jason Michael Liberi, Andrew G. Mirisis, Robert Alan Weber, Esq., Skadden, Arps, Slate, Meagher & Flom, L.L.P., Wilmington, DE, Andrew Fairies MacRae, Levatino Pace, L.L.P., Austin, TX, for Petitioner-Appellant.

Stephen M. Hoffman, Assistant Attorney General, James Patrick Sullivan, Esq., Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before KING, CLEMENT, and HIGGINSON, Circuit Judges.

KING, Circuit Judge:

Petitioner-Appellant Rodney Reed was convicted of capital murder in a jury trial in Texas and sentenced to death. The Texas Court of Criminal Appeals affirmed his conviction and sentence on direct appeal. Reed unsuccessfully sought state habeas relief in six petitions. He also sought federal habeas relief in district court and now seeks a certificate of appealability to challenge the district court's denial of habeas relief. Reed argues that he...

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