MCAFEE v. THALER

No. 08-41230.

630 F.3d 383 (2011)

Charles Franklin MCAFEE, Jr., Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 6, 2011.


Attorney(s) appearing for the Case

Charles Franklin McAfee, Jr. , Richmond, TX, pro se.

Arthur Cleveland D'Andrea , Office of Sol. Gen., Lori Brodbeck, Cara Hanna , Asst. Atty. Gen., Postconviction Lit. Div., Austin, TX, for Thaler.

Before HIGGINBOTHAM, SMITH and ELROD, Circuit Judges.


PER CURIAM:

Charles Franklin McAfee, Jr., Texas prisoner # 1207010, was convicted in state court of aggravated robbery and sentenced to twenty-eight years of imprisonment. This court granted a certificate of appealability to allow McAfee's appeal from the district court's denial of habeas relief on the following two issues: (1) whether McAfee's trial counsel was constitutionally ineffective during McAfee's hearing on his motion for new trial, and (2) whether the state...

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