No. 12-70035.

81 F.4th 461 (2023)

Moises SANDOVAL MENDOZA, Petitioner-appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 31, 2023.

Attorney(s) appearing for the Case

Jason Zarrow , O'Melveny & Myers, L.L.P., Los Angeles, CA, Melissa Claire Cassel , Evan Hindman , O'Melveny & Myers, L.L.P., San Francisco, CA, Anton Metlitsky , O'Melveny & Myers, L.L.P., New York, NY, for Petitioner-Appellant.

Natalie Deyo Thompson , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Tomee Morgan Heining , Ali Mustapha Nasser , Assistant Attorney Generals, Office of the Attorney General, Criminal Appeals Division, Austin, TX.

Before Richman, Chief Judge, and Higginbotham and Southwick, Circuit Judges.

Moises Sandoval Mendoza was convicted of capital murder by a Texas jury and sentenced to death. He later filed an application in district court for habeas relief. In an earlier appeal, because his initial counsel had a conflict of interest, we remanded for appointment of additional counsel and further development of potential claims of ineffective...

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