No. 21-20579.

72 F.4th 678 (2023)

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

United States Court of Appeals, Fifth Circuit.

FILED July 7, 2023.

Attorney(s) appearing for the Case

Bryan Garris (argued), Foreman, DeGeurin & DeGeurin, Houston, TX, for Petitioner-Appellant.

Joseph N. Mazzara (argued), Lanora Christine Pettit , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Lori Denise Brodbeck , Jennifer Wissinger , Assistant Attorney General, Jennifer Wren , Office of the Attorney General, Criminal Appeals Division, Austin, TX, Edward Larry Marshall , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before King, Jones, and Duncan, Circuit Judges.

A Texas jury found Fidel Flores guilty of aggravated sexual assault of a child under the age of six, and he was sentenced to forty-five years' imprisonment. Flores challenged his conviction both on direct appeal and through state habeas proceedings, but the Texas courts denied his requests for relief. The United States District...


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