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PITONYAK v. STEPHENS

No. 12-50800.

732 F.3d 525 (2013)

Colton Aaron PITONYAK, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Bill Pierce, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 16, 2013.

Attorney(s) appearing for the Case

Joseph Andrew Turner , Law Office of Joseph A. Turner, Christopher Michael Perri, Austin, TX, for Petitioner-Appellant.

Andrew S. Oldham , Deputy Solicitor General, Arthur Cleveland D'Andrea , Matthew Dennis Ottoway , Assistant Attorney General, James Patrick Sullivan, Esq. , Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Respondents-Appellees.

Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Colton Pitonyak was convicted of first-degree murder for the death of Jennifer Cave, who was killed in his apartment by a gunshot in the early morning hours of August 17, 2005. Pitonyak filed a federal habeas petition alleging that the prosecution violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to disclose an alleged jailhouse confession to the...

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