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TONG v. LUMPKIN

No. 19-70008.

90 F.4th 857 (2024)

Chuong Duong TONG, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED January 16, 2024.

Attorney(s) appearing for the Case

Jonathan David Landers (argued), Houston, TX, for Petitioner-Appellant.

Joseph N. Mazzara (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Jefferson David Clendenin , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, Ali Mustapha Nasser , Matthew Dennis Ottoway , Assistant Attorney Generals, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent-Appellee.

Before Smith, Higginson, and Duncan, Circuit Judges.

Over 26 years ago, petitioner Chuong Duong Tong murdered an off-duty police officer in Houston, Texas by shooting him at point-blank range during a robbery. A Texas jury found Tong guilty of capital murder and sentenced him to death. Tong has since spent decades traversing state and federal courts, unsuccessfully...

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