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ELIZALDE v. DRETKE

No. 03-20508.

362 F.3d 323 (2004)

Jaime ELIZALDE, Jr., Petitioner-Appellant, v. Doug DRETKE, Director Texas Department of Criminal Justice, Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 2004.

Attorney(s) appearing for the Case

Gary Allen Taylor, Austin, TX, Philip Alan Wischkaemper, Snuggs & Wischkaemper, Lubbock, TX, for Petitioner-Appellant.

Fredericka Searle Sargent, Gena Blount Bunn, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Jaime Elizalde, Jr. seeks a Certificate of Appealability ("COA") to appeal the district court's denial of his petition for habeas corpus. Specifically he requests a COA to appeal the district court's ruling that his claims 1) that he is actually innocent, 2) that the State withheld exculpatory evidence, and 3) that he was denied effective assistance of counsel both at trial and during his direct...

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