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MURPHY v. DRETKE

No. 04-70036.

416 F.3d 427 (2005)

Julius Jerome MURPHY, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 11, 2005.

Attorney(s) appearing for the Case

Kevin Scott Dunn, The Dunn Law Firm, The Woodlands, TX, for Murphy.

Ellen Stewart-Klein, Austin, TX, for Dretke.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner-Appellant Julius Jerome Murphy ("Murphy") was convicted of capital murder in Texas and sentenced to death. Murphy filed a petition for writ of habeas corpus in the United States District Court for the Eastern District of Texas pursuant to 28 U.S.C. § 2254. The district court granted summary judgment to Respondent-Appellee Doug Dretke (the "Director"), in his role as Director of the Texas Department of Criminal Justice, Correctional...

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