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SMITH v. DAVIS

No. 18-70015.

927 F.3d 313 (2019)

Demetrius Dewayne SMITH, Petitioner-Appellee, Cross-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed June 13, 2019.

Attorney(s) appearing for the Case

David R. Dow , Jeffrey R. Newberry , University of Houston, Law Center, Houston, TX, for Petitioner-Appellee Cross-Appellant.

Matthew Dennis Ottoway , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, for Respondent-Appellant Cross-Appellee.

Before CLEMENT, OWEN, and HAYNES, Circuit Judges.

Demetrius Dewayne Smith was convicted of capital murder in Texas state court and sentenced to death. The state court's judgment was affirmed on direct appeal, and Smith's state habeas petition was denied. In this federal habeas proceeding, the federal district court held that the Texas Court of Criminal Appeals...

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