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IN RE DAVILA

No. 18-10455.

888 F.3d 179 (2018)

IN RE: Erick Daniel DAVILA, Movant.

United States Court of Appeals, Fifth Circuit.

April 23, 2018.

Attorney(s) appearing for the Case

Seth Kretzer , Law Offices of Seth Kretzer, Houston, TX, Jonathan David Landers , Houston, TX, for Movant.

Katherine D. Hayes , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent.

Before DENNIS, SOUTHWICK, and HAYNES, Circuit Judges.

Erick Daniel Davila was convicted of capital murder in 2009 and is scheduled to be executed on April 25, 2018. After his unsuccessful pursuit of relief in state court, Davila sought federal habeas relief in 2014. The district court denied his petition in 2015, this court denied a certificate of appealability in 2016, and the United States Supreme...

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