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BUSBY v. DAVIS

No. 15-70008.

892 F.3d 735 (2018)

Edward Lee BUSBY, Petitioner-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 2018.

Attorney(s) appearing for the Case

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

Jefferson David Clendenin , Assistant Attorney General, Tomee Morgan Heining , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, Respondents-Appellees.

Before OWEN, GRAVES, and HIGGINSON, Circuit Judges.

Edward Lee Busby seeks federal habeas corpus relief, asserting three claims: that (1) he is intellectually disabled and therefore ineligible for execution under Atkins v. Virginia,1 (2) he received ineffective assistance of counsel on direct appeal, and (3) his trial counsel was...

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