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MILLER v. DRETKE

No. 04-40419.

420 F.3d 356 (2005)

Kathy Yolande MILLER, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 2005.

Attorney(s) appearing for the Case

Randy Schaffer (argued), The Schaffer Firm, Houston, TX, for Petitioner-Appellant.

Marta Rew McLaughlin (argued), Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, WIENER, and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Kathy Miller appeals the district court's denial of her § 2254 petition seeking relief from her sentence for engaging in deadly conduct by riddling the unoccupied home of her in-laws with rifle fire. We conclude that the state court's decision that Miller was not prejudiced by her counsel's failure to conduct a constitutionally adequate investigation into her mental disabilities is an objectively unreasonable application...

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