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HICKS v. JOHNSON

No. 99-50170.

186 F.3d 634 (1999)

David HICKS, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 23, 1999.

Attorney(s) appearing for the Case

Anthony Seymour Haughton, Houston, TX, Rahman Olalekan Ashiru, Law Offices of Rahman Ashiru, Houston, TX, for Petitioner-Appellant.

Delane T. Hendrix, Austin, TX, for Respondent-Appellee.

Before POLITZ, DAVIS and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

David Hicks was convicted and sentenced to death in proceedings in Texas state court for sexually assaulting and murdering his grandmother. Following unsuccessful challenges to the conviction on direct appeal and through state habeas review, he filed a petition in federal district court under 28 U.S.C. § 2254. The district court denied that petition and Hicks' application for a certificate of appealability. Hicks now seeks that certificate...

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