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BREWER v. LUMPKIN

No. 22-70006.

66 F.4th 558 (2023)

Brent Ray BREWER, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 27, 2023.

Attorney(s) appearing for the Case

Peter James Walke , Federal Community Defender Office, Eastern District of Pennsylvania, Philadelphia, PA, Philip Alan Wischkaemper , Snuggs & Wischkaemper, Lubbock, TX, for Petitioner-Appellant.

Craig William Cosper , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent-Appellee.

Before Jones, Oldham, and Wilson, Circuit Judges.

Brent Ray Brewer was convicted of capital murder and sentenced to death by a Texas court in 1991. The United States Supreme Court ordered Brewer resentenced in 2007. After he was sentenced to death a second time, Brewer exhausted his state remedies and then petitioned for federal habeas relief. The district court denied...

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