RUDD v. JOHNSON

No. 00-11173.

256 F.3d 317 (2001)

Emerson Edward RUDD, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised July 18, 2001.


Attorney(s) appearing for the Case

David A. Schulman, Schulman & Krug, Austin, TX, for Petitioner-Appellant.

Kelli L. Weaver, Austin, TX, for Respondent-Appellee.

Before DAVIS, JONES and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

Applicant-Appellant Emerson Edward Rudd, 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 Rudd's application for a COA.

I. BACKGROUND

On the evening of September 2, 1988, Rudd and three others...

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