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CARTY v. THALER

No. 08-70049.

583 F.3d 244 (2009)

Linda Anita CARTY, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 2009.

Attorney(s) appearing for the Case

Michael Sammie Goldberg (argued), Marisa Barrera Cruz Hurd, Maryanne Lyons, Joshua Bryant Nix, Baker Botts, L.L.P., Houston, TX, Colin Peter Marks, San Antonio, TX, for Petitioner-Appellant.

Katherine D. Hayes (argued), Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Donald Francis Donovan, Debevoise & Plimpton, New York City, for Amicus Curiae.

Before KING, DENNIS and OWEN, Circuit Judges.

KING, Circuit Judge:

A Texas jury convicted and sentenced to death petitioner-appellant Linda Anita Carty for the intentional murder of Joana Rodriguez during the course of a kidnaping of Rodriguez and her newborn son. The Texas Court of Criminal Appeals affirmed the conviction and sentence and denied post-conviction relief. Carty then filed this federal habeas petition under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. § 2254. The district...

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