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DAY v. QUARTERMAN

No. 07-40699.

566 F.3d 527 (2009)

Denise Ann DAY, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 27, 2009.

Attorney(s) appearing for the Case

Sean R. Buckley, DeGuerin & Dickson, Houston, TX, John C. Bennett (argued), Amarillo, TX, for Peitioner-Appellant.

Jon R. Meador (argued), Matthew Dennis Ottoway, Carrie Elizabeth Parsons, Tommy Lee Skaggs, Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.

Before SMITH and SOUTHWICK, Circuit Judges, and RODRIGUEZ, District Judge.

RODRIGUEZ, District Judge:

Denise Ann Day, the Petitioner-Appellant, appeals a district court order that dismissed her habeas corpus application filed pursuant to 28 U.S.C. § 2254. Day was convicted in Texas state court on three counts of injury to a child in violation of Texas Penal Code § 22.04(a)(1). Following an unsuccessful appeal of the convictions and the denial of a state court habeas petition, Day filed her federal writ petition, arguing in part...

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