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DORSEY v. QUARTERMAN

No. 06-70039.

494 F.3d 527 (2007)

Leon David DORSEY, IV, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 2007.

Attorney(s) appearing for the Case

Robert Patrick Abbott (argued), Coppell, TX, for Dorsey.

Fredericka Searle Sargent (argued), Austin, TX, for Quarterman.

Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner Leon David Dorsey, IV, was convicted of capital murder in Texas and sentenced to death. The district court granted a certificate of appealability (COA) on two of Dorsey's claims. The first claim based on one or more jurors' exposure to extraneous material fails under harmless error analysis. The second claim, a Batson claim relating to juror Jerry Riley, is procedurally barred...

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