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GONZALES v. THALER

No. 10-20019.

643 F.3d 425 (2011)

Randall GONZALES, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 2011.

Attorney(s) appearing for the Case

George McCall Secrest, Jr. (argued), Bennett & Secrest, P.L.L.C., Houston, TX, for Petitioner-Appellant.

Susan Frances San Miguel , Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Randall Gonzales was convicted by a Texas jury of a 1999 armed robbery. By all accounts the trial was hard-fought, with the battle line drawn between eyewitness identification and alibi. Failing to obtain relief on either direct or state habeas review, Gonzales filed this federal habeas petition arguing a denial of due process by failing to redact, from a warrant admitted into evidence, the arresting officer's affirmation of...

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