RABE v. THALER

No. 09-10938.

649 F.3d 305 (2011)

Robert Allen RABE, Petitioner-Appellant, v. Rick THALER, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 2011.


Attorney(s) appearing for the Case

Jason Douglas Hawkins , Fed. Pub. Def., Dallas, TX, for Petitioner-Appellant.

Kara Denise Holsinger , Carole Susanne Callaghan , Asst. Attys. Gen., Austin, TX, for Respondent-Appellee.

Before WIENER, CLEMENT, and ELROD, Circuit Judges.


WIENER, Circuit Judge:

Petitioner-Appellant Robert Allen Rabe was convicted in state court of aggravated robbery with a deadly weapon. He filed a state post-conviction petition based on the alleged ineffective assistance of his court-appointed trial counsel, which was denied. He then filed a federal habeas application and expanded the record to include new evidence. The district court held an evidentiary hearing at which new witnesses testified, then denied habeas...

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