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ALEXANDER v. JOHNSON

No. 00-50101.

211 F.3d 895 (2000)

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

United States Court of Appeals, Fifth Circuit.

May 5, 2000.

Attorney(s) appearing for the Case

Jeffrey J. Pokorak, St. Mary's University School of Law, San Antonio, TX, for Petitioner-Appellant.

Ann Kraatz, Austin, TX, for Respondent-Appellee.

Before JOLLY, DAVIS and JONES, Circuit Judges.

PER CURIAM:

Caruthers Alexander, a Texas death row inmate, seeks a certificate of appealability ("COA") to appeal the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2253. Because Alexander's petition runs afoul of the nonretroactivity rule in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), we deny the requested COA.

BACKGROUND

In April 1989, a jury...

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