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ALLEN v. STEPHENS

No. 14-70017.

805 F.3d 617 (2015)

Kerry Dimart ALLEN, Petitioner-Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 2015.

Attorney(s) appearing for the Case

Seth Kretzer (argued), Law Offices of Seth Kretzer, Jonathan David Landers (argued) , Houston, TX, for Petitioner-Appellant.

Tomee Morgan Heining , Asst. Atty. General (argued), Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before KING, DAVIS, and ELROD, Circuit Judges.

Kerry Allen was convicted of capital murder and sentenced to death. After his direct appeal and state habeas petition proved fruitless, Allen filed a petition for habeas corpus under 28 U.S.C. § 2254 in the district court. During the pendency of his petition, Allen filed two motions asking the district...

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