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MURPHY v. DAVIS

No. 17-70007.

901 F.3d 578 (2018)

Jedidiah Isaac MURPHY, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed August 24, 2018.

Attorney(s) appearing for the Case

Randolph Lee Schaffer, Jr. , Schaffer Firm, Houston, TX, Richard Ellsworth Wetzel , Austin, TX, for Petitioner-Appellant.

George A. d'Hemecourt , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Respondent-Appellee.

Before KING, DENNIS, and COSTA, Circuit Judges.

Jedidiah Isaac Murphy was convicted and sentenced to death by a Texas jury for the capital murder of Bertie Cunningham. After unsuccessfully pursuing state appellate and habeas remedies, Murphy brought a federal habeas petition, which eventually was denied. We recently granted Murphy a certificate of appealability to appeal...

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