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DRINKARD v. JOHNSON

No. 94-20563.

97 F.3d 751 (1996)

Richard Gerry DRINKARD, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1996.

Attorney(s) appearing for the Case

Douglas M. O'Brien, Moen, Cain & O'Brien, Houston, TX, for petitioner-appellant.

Margaret Portman Griffey, Dan Morales, Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

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

E. GRADY JOLLY, Circuit Judge:

Richard Gerry Drinkard, a Texas death row inmate, seeks a certificate of probable cause ("CPC") to appeal the district court's denial of his petition for a writ of habeas corpus. Construing his application for CPC as an application for a certificate of appealability ("COA") under 28 U.S.C. § 2253, as amended by section 102 of the Antiterrorism and Effective Death Penalty Act of 1996 (the "AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214...

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