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GONGORA v. THALER

No. 07-70031.

710 F.3d 267 (2013)

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

United States Court of Appeals, Fifth Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

Danny Duane Burns , Fort Worth, TX, for Petitioner-Appellant.

Leslie Katheryn Kuykendall , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondents-Appellees.

Before STEWART, Chief Judge, and HIGGINBOTHAM and OWEN, Circuit Judges.

PER CURIAM:

Nelson Gongora was convicted in Texas state court for capital murder and sentenced to death. After the state court denied habeas relief, Gongora petitioned the district court for relief under 28 U.S.C. § 2254, requesting that his conviction and sentence be set aside and a new trial ordered. The district court denied relief. We granted a certificate of appealability (COA) on two issues: (1) whether Gongora is entitled to habeas relief because the prosecutor...

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