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BEATTY v. LUMPKIN

No. 22-70010.

52 F.4th 632 (2022)

Tracy Lane BEATTY, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED November 2, 2022.

Attorney(s) appearing for the Case

Jeremy Schepers , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, Thomas Scott Smith , Sherman, TX, for Petitioner-Appellant.

Rachel Leigh Patton , Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent-Appellee.

Before Richman, Chief Judge, and Elrod and Haynes, Circuit Judges.

Tracy Beatty is scheduled for execution on November 9, 2022. Beatty was convicted and sentenced to death in 2004 for the capital murder of his mother, Carolyn Click. This case has a long history of habeas litigation. Further details of Beatty's murder conviction and subsequent post-conviction litigation need not be repeated here to resolve...

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