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BLUE v. THALER

No. 10-70025.

665 F.3d 647 (2011)

Carl Henry BLUE, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 2011.

Attorney(s) appearing for the Case

John Edward Wright , Law Office of John E. Wright, P.C., Huntsville, TX, Donald Vernay (argued), Rio Rancho, NM, for Petitioner-Appellant.

Fredericka Searle Sargent , Asst. Atty. Gen. (argued), Postconviction Lit. Div., Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In a habeas proceeding under 28 U.S.C. § 2254, petitioner Carl Henry Blue raised twenty-one separate challenges to his death sentence. The district court denied relief. Blue seeks a certificate of appealability for five issues. We will deny the request.

I.

In 1994 a Texas jury found Carl Henry Blue guilty of capital murder, and Blue received a death sentence. The Texas Court of Criminal Appeals ("the CCA...

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