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LUCIO v. LUMPKIN

No. 16-70027.

987 F.3d 451 (2021)

Melissa Elizabeth LUCIO, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED February 9, 2021.

Attorney(s) appearing for the Case

Allen Richard Ellis , Law Offices of A. Richard Ellis, Mill Valley, CA, Timothy Gumkowski , Tivon Schardl , Supervisory Attorney, Federal Public Defender, TXW, Capital Habeas Unit, Austin, TX, for Petitioner-Appellant.

Ari Cuenin , Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Attorney General, Office of the Solicitor General, 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 Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, and Oldham, Circuit Judges.

A Texas jury convicted Melissa Lucio of capital murder for beating to death her two-year-old daughter. The state courts affirmed her conviction and sentence on direct...

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