JAMES C. HILL, Circuit Judge:
Jay Maynard Finley was convicted of aggravated kidnapping in Texas state court and sentenced to ten years' imprisonment, probated for five years; his probation was later revoked and he was incarcerated. After his appeal and state habeas corpus petitions were denied, he petitioned for federal relief pursuant to 28 U.S.C. § 2254. The district court denied the petition as procedurally barred and this appeal ensued.
I.
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