HERNANDEZ v. JOHNSON

No. 99-10446.

213 F.3d 243 (2000)

Adolfo Gil HERNANDEZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 30, 2000.


Attorney(s) appearing for the Case

David A. Schulman, Schulman & Krug, Austin, TX, Robert C. Heald, Law Office of Robert C. Heald, Lubbock, TX, for Petitioner-Appellant.

Philip Andrew Lionberger, Gregory Scott Coleman, Austin, TX, for Respondent-Appellee.

Before EMILIO M. GARZA, DeMOSS and BENAVIDES, Circuit Judges.


DeMOSS, Circuit Judge:

Applicant-Appellant Adolfo Gil Hernandez, a Texas death row inmate, whose petition for habeas corpus relief and request for a Certificate of Appealability ("COA") were both denied by the federal district court, now seeks a COA from this Court pursuant to 28 U.S.C. § 2253(c)(2). For the reasons set forth below, we deny the request for a COA.

I. BACKGROUND

On the evening of September 30, 1988, at about 5:00 p.m., Hernandez...

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