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YOUNG v. DAVIS

No. 15-70023.

860 F.3d 318 (2017)

Christopher YOUNG, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 2017.

Attorney(s) appearing for the Case

David R. Dow , University of Houston, Law Center, Houston, TX, for Petitioner-Appellant.

Ari Cuenin , Office of the Attorney General, Office of the Solicitor General, Stephen M. Hoffman , Assistant Attorney General, Office of the Attorney General for the State of Texas, Ellen Stewart-Klein , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.

After a Texas jury sentenced Christopher Young to death for the murder of Hasmukh Patel, he unsuccessfully challenged the constitutionality of his sentence in the Texas state courts and in the federal district court. We granted a certificate of appealability on two issues: (1) a Mills

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