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ANAYA v. LUMPKIN

No. 18-11203.

976 F.3d 545 (2020)

David Abram ANAYA, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 25, 2020.

Attorney(s) appearing for the Case

Adele Marie El-Khouri , Ginger Anders , Munger, Tolles & Olson, L.L.P., Washington, DC, for Petitioner-Appellant.

Matthew Hamilton Frederick , Deputy Solicitor General, Lanora Christine Pettit , Office of the Attorney General, Office of the Solicitor General, Jon Rodney Meador , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent-Appellee.

Before Barksdale, Haynes, and Willett, Circuit Judges.

David Anaya was charged with murder and aggravated assault. He rejected the State's plea deal and opted instead for a jury trial. He didn't deny that he shot the victim. He insisted instead that he fired in self-defense. But Anaya's lawyer did not tell Anaya that, because he was a felon in possession of a weapon, the...

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