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STEVENS v. EPPS

No. 09-70009.

618 F.3d 489 (2010)

Benny Joe STEVENS, Petitioner-Appellant, v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 7, 2010.

Attorney(s) appearing for the Case

Kenneth Harold Coghlan (argued), (Court-Appointed), Rayburn Coghlan Law Firm, P.L.L.C., Oxford, MS, for Stevens.

Marvin Luther White, Jr. , Asst. Atty. Gen. (argued), Jackson, MS, for Epps.

Before JOLLY, BENAVIDES and HAYNES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Benny Joe Stevens was convicted of capital murder and sentenced to death for the 1998 murders of four people in Mississippi. The district court granted a certificate of appealability ("COA") for Stevens's claim that the prosecutor peremptorily struck a black prospective juror because of her race. Stevens has requested an expansion of the COA for his claim that the state post-conviction process was so ineffective that it violated his...

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