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ESCAMILLA v. STEPHENS

No. 12-70029.

749 F.3d 380 (2014)

Licho ESCAMILLA, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 15, 2014.

Attorney(s) appearing for the Case

Mary Margaret Penrose , Fort Worth, TX, Nathan Gabriel Eight , Dallas, TX, for Petitioner-Appellant.

Travis Golden Bragg , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Respondent-Appellee.

Before SMITH, DENNIS, and HAYNES, Circuit Judges.

JAMES L. DENNIS, Circuit Judge:

Licho Escamilla seeks a certificate of appealability ("COA") to appeal the district court's denial of his habeas corpus petition under 28 U.S.C. § 2254, claiming that he was deprived his Sixth Amendment right to effective assistance of counsel when his trial attorneys failed to adequately investigate and present mitigation evidence at the punishment phase of his capital murder trial. He additionally asserts that Martinez v....

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