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WILL v. LUMPKIN

No. 18-70030.

970 F.3d 566 (2020)

Robert Gene WILL, II, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 17, 2020.

Attorney(s) appearing for the Case

Samy Kamal Khalil, Esq. , Gerger Khalil Hennessy & McFarlane, Houston, TX, Jason Charles Ewart , Karen Christine Hogan Otto , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, Chad Flores, Esq. , Beck Redden, L.L.P., Houston, TX, for Petitioner-Appellant.

Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Austin, TX, Jennifer Wren Morris , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before Owen, Chief Judge, and Willett and Ho, Circuit Judges.

Robert Gene Will II was sentenced to death by a Texas jury for the murder of Harris County Sheriff's Deputy Barrett Hill. After a failed direct appeal and state habeas petition, Will pursued federal habeas relief. His claims for ineffective assistance of counsel and inherent trial prejudice were denied—the former...

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