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ROBERTS v. THALER

No. 11-70032.

681 F.3d 597 (2012)

Donnie Lee ROBERTS, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 2012.

Attorney(s) appearing for the Case

Douglas Milton Barlow (Court-Appointed), Barlow Law Firm, Beaumont, TX, for Petitioner-Appellant.

Edward Larry Marshall , Office of the Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before KING, JOLLY and GRAVES, Circuit Judges.

KING, Circuit Judge:

Donnie Lee Roberts was convicted of capital murder and sentenced to death. The Texas Court of Criminal Appeals rejected both his direct and postconviction appeals. He then filed for federal habeas relief in the district court. The district court rejected his petition for habeas relief, but granted him a certificate of appealability to pursue three claims arising from his sentencing hearing dealing with, respectively, the restrictions on his expert...

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