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COBB v. THALER

No. 11-70003.

682 F.3d 364 (2012)

Richard Aaron COBB, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 25, 2012.

Attorney(s) appearing for the Case

F. Clinton Broden (Court-Appointed), Broden & Mickelsen, Phillip Carl Umphres (Court-Appointed), Dallas, TX, for Petitioner-Appellant.

Tomee Morgan Heining , Asst. Atty. Gen., Office of the Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before KING, DAVIS and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Richard Cobb was convicted of capital murder and sentenced to death in Texas state court. He filed a habeas petition in federal district court pursuant to 28 U.S.C. § 2254. The district court denied that petition, but granted a certificate of appealability (COA) on one issue: whether the state withheld impeachment evidence from Cobb in violation of Brady v. Maryland, 373 U.S. 83, 83...

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