McCamey v. Epps, et al., No. 10-60224 (5th Cir. 2011)
Annotate this CaseFollowing his conviction for a meth-related offense, defendant exhausted his state remedies on claims that he did not knowingly and intelligently waive conflict-free counsel or an impartial jury. The federal magistrate judge, however, conducted its own evidentiary hearing and granted the writ. Based on its review of the state court proceedings alone, the court reversed. The court held that in light of Cullen v. Pinholster, the district court erred in allowing an evidentiary hearing under section 2254(e)(2). With the evidence properly confined to the record before the state courts, the court reversed the grant of habeas relief.
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