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AUSTIN v. DAVIS

No. 13-70024.

876 F.3d 757 (2017)

Perry Allen AUSTIN, Petitioner-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED November 30, 2017.

Attorney(s) appearing for the Case

Richard John Bourke , Christine Marie Lehmann , Louisiana Capital Assistance Center, New Orleans, LA, for Petitioner-Appellant.

Jason R. LaFond , Gwendolyn Suzanne Vindell , Assistant Attorney General, Office of the Attorney General for the State of Texas, Tomee Morgan Heining , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before OWEN, ELROD, and HAYNES, Circuit Judges.

Perry Allen Austin was convicted of capital murder in Texas state court and sentenced to death. The Texas Court of Criminal Appeals affirmed the trial court's judgment and subsequently dismissed Austin's state habeas petition as untimely. Austin filed a federal habeas petition. The federal district court granted...

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