MOODY v. LUMPKIN

No. 19-11200.

70 F.4th 884 (2023)

Mark MOODY, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED June 16, 2023.


Attorney(s) appearing for the Case

Shannon Charles Hooks , Austin, TX, for Petitioner-Appellant.

Ari Cuenin , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Susan Frances San Miguel, Esq. , Assistant Attorney General, Office of the Attorney General of Texas, Criminal Appeals Division, Austin, TX, for Respondent-Appellee.

Before Barksdale, Southwick, and Higginson, Circuit Judges.


This appeal calls into play limitations placed on federal habeas review by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. §§ 2241-66, which promotes numerous objectives— most relevant here, finality. The district court...

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