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POWELL v. QUARTERMAN

No. 06-70008.

536 F.3d 325 (2008)

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

United States Court of Appeals, Fifth Circuit.

July 16, 2008.

Attorney(s) appearing for the Case

Richard H. Burr, III (argued), Burr & Welch, Houston, TX, Eric Miller Albritton (argued), Albritton Law Firm, Longview, TX, for Powell.

Tina J. Miranda (argued), Austin, TX, for Quarterman.

Before JOLLY, DAVIS and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Following his third punishment trial in 1999, David Lee Powell was convicted and sentenced to death for the 1978 capital murder of Austin Police Officer Ralph Ablanedo. We granted a certificate of appealability (COA) authorizing Powell to appeal the district court's denial of federal habeas relief. Powell v. Quarterman, 2008 WL 1747001, ___ Fed.Appx. ___ (5th Cir. Apr. 16, 2008) (unpublished). We now AFFIRM the judgment of the...

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