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MULLIS v. LUMPKIN

No. 21-70008.

70 F.4th 906 (2023)

Travis James MULLIS, 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 19, 2023.

Attorney(s) appearing for the Case

Shawn Nolan (argued), Peter James Walker , Federal Community Defender Office, Eastern District of Pennsylvania, Philadelphia, PA, for Petitioner-Appellant.

Matthew Dennis Ottoway , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, Judd Edward Stone, II , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Ryan Baasch , Natalie Deyo Thompson (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, for Respondent-Appellee.

Before Smith, Higginson, and Willett, Circuit Judges.

We granted Travis Mullis a partial certificate of appealability ("COA") after the district court dismissed his federal habeas corpus petition under the Antiterrorism and Effective Death Penalty Act ("AEDPA").

In his state habeas proceedings, Mullis procedurally defaulted on his claim of ineffective assistance...

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