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SINGLETON v. JOHNSON

No. 97-41557.

178 F.3d 381 (1999)

Nathaniel Keith SINGLETON, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1999.

Attorney(s) appearing for the Case

Nathaniel Keith Singleton, Navasota, TX, pro se.

Jennifer Michelle Owens, Austin, TX, for Respondent-Appellee.

Before GARWOOD, DUHÉ and BENAVIDES, Circuit Judges.

DUHÉ, Circuit Judge:

We granted a certificate of appealability ("COA") to consider: (1) whether there are any state-court findings regarding counsel's knowledge of the Petitioner's desire to appeal which should be afforded the presumption of correctness and (2) whether, if there are no findings to which the presumption of correctness applies, the district court should have conducted a de novo evidentiary hearing. Concluding that there are no findings to...

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