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MANNING v. EPPS

No. 10-70008.

688 F.3d 177 (2012)

Willie Jerome MANNING, Petitioner-Appellant Cross-Appellee, v. Christopher EPPS, Commissioner, Mississippi Department of Corrections, Respondent-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 2012.

Attorney(s) appearing for the Case

Robert Steven Mink , Wyatt, Tarrant & Combs, L.L.P., David Paul Voisin (argued), Jackson, MS, for Plaintiff-Appellant Cross-Appellee.

Marvin Luther White, Jr. , Asst. Atty. Gen. (argued), Jackson, MS, for Respondent-Appellee Cross-Appellant.

Before KING, STEWART and HAYNES, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Petitioner-Appellant Willie Jerome Manning was convicted in Mississippi of capital murder for the 1992 murders of Tiffany Miller and Jon Steckler. He filed a petition for habeas relief in the United States District Court for the Northern District of Mississippi.

While acknowledging that Manning's habeas petition was filed more than one year after the state court judgment became final,

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