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SMITH v. QUARTERMAN

No. 03-20401.

515 F.3d 392 (2008)

Roy Gene SMITH, Petitioner Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 2008.

Attorney(s) appearing for the Case

Michael B. Charlton, Las Vegas, NV, Alexander Lee Calhoun, Law Office of Alex Calhoun, Austin, TX, for Smith.

Kelli L. Weaver, Austin, TX, for guarterman.

Before SMITH, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This appeal arises from the district court's denial of Roy Gene Smith's petition for a writ of habeas corpus. A Texas jury convicted and sentenced Smith to death for the capital murder of James Whitmire. We granted Smith a certificate of appealability ("COA") on two issues: (1) whether trial counsel provided ineffective representation; and (2) whether the jury instructions given at the sentencing phase of his trial violated his constitutional...

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