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WOOTEN v. THALER

No. 07-70044.

598 F.3d 215 (2010)

Larry Wayne WOOTEN, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 2010.

Attorney(s) appearing for the Case

Robin Norris (argued) (Court-Appointed), Law Office of Robin Norris, El Paso, TX, for Wooten.

Carole Susanne Callaghan, Asst. Atty. Gen. (argued), Postconviction Lit. Div., Austin, TX, for Thaler.

Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Larry Wayne Wooten was convicted of capital murder in Texas and sentenced to death. After his conviction and sentence were affirmed on direct review, Wooten unsuccessfully sought state habeas relief. A federal district court also denied habeas relief in full, though it granted Wooten a certificate of appealability. He complains that late-arriving DNA evidence strengthened the state's case; that had he known of this evidence...

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