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NEVILLE v. DRETKE

No. 04-70038.

423 F.3d 474 (2005)

Robert James NEVILLE, Petitioner-Appellant, v. Douglas DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 23, 2005.

Attorney(s) appearing for the Case

Christopher Allen Curtis, Fort Worth, TX, for Neville.

Thomas M. Jones, Austin, TX, for Dretke.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The petitioner, Texas death row prisoner Robert James Neville, has been convicted of murder in the course of kidnapping and sentenced to death by a jury. The Texas Court of Criminal Appeals affirmed his conviction on direct appeal,1 and denied his state habeas corpus petition which claimed ineffective assistance of counsel. Neville then filed a petition with the federal district court pursuant to 28...

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