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HIGGINS v. CAIN

No. 11-30641.

720 F.3d 255 (2013)

Shawn HIGGINS, Petitioner-Appellant v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 2013.

Attorney(s) appearing for the Case

William Sothern, Esq. , Law Office of William M. Sothern, New Orleans, LA, for Petitioner-Appellant.

Juliet Lee Clark, Esq. , Assistant District Attorney, District Attorney's Office, Gretna, LA, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH, and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court granted Shawn Higgins a certificate of appealability ("COA") regarding his claim that his appellate counsel was ineffective in not raising three Batson-related arguments on direct appeal. Persuaded that the state court did not unreasonably apply clearly established federal law in rejecting that claim, we affirm the district court's judgment denying habeas relief.

I. BACKGROUND AND PROCEDURAL...

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