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CHARLES v. STEPHENS

No. 12-70016.

736 F.3d 380 (2013)

Derrick Dewayne CHARLES, Petitioner-Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 2013.

Attorney(s) appearing for the Case

Paul Edward Mansur , Denver City, TX, Cathryn Stewart Crawford , TX, Defender Service, Austin, TX, for Petitioner-Appellant.

Fredericka Searle Sargent , Assistant Attorney General, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.

PER CURIAM:

Derrick Dewayne Charles appeals the district court's denial of his 28 U.S.C. § 2254 application challenging his death sentence for the murder of three people. The district court denied his application, but granted a Certificate of Appealability ("COA") on his claim that he was prejudiced by his counsel's deficient performance at trial. We AFFIRM.

I.

In 2002, Texas charged Charles with capital murder for killing three victims during...

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