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RIES v. QUARTERMAN

No. 06-70052.

522 F.3d 517 (2008)

Joseph Ray RIES, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 27, 2008.

Attorney(s) appearing for the Case

James Michael Terry, Jr. (argued), Daniel Ross & Associates, Austin, TX, for Ries.

Katherine D. Hayes (argued), Austin, TX, for Quarterman.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this death penalty case, petitioner-appellant Joseph Ray Ries, a Texas state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction for capital murder and his sentence of death.

Ries raises four issues. First, Ries argues that the district court erred in determining that two...

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