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TENNARD v. COCKRELL

No. 00-20915.

284 F.3d 591 (2002)

Robert James TENNARD, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2002.

Attorney(s) appearing for the Case

Mandy Welch (argued), Burr & Welch, Houston, TX, for Petitioner-Appellant.

Charles A. Palmer, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner Robert James Tennard (Tennard), convicted of capital murder in Texas and sentenced to death, requests from this Court a Certificate of Appealability (COA) pursuant to 28 U.S.C. § 2253(c)(2). Tennard's sole argument is that the jury was unable to give effect to the mitigating evidence of his mental retardation when answering the special issue with respect to future dangerousness at the punishment phase. Finding that Tennard...

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