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KUNKLE v. DRETKE

No. 02-41571.

352 F.3d 980 (2003)

Troy KUNKLE, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised December 23, 2003.

Attorney(s) appearing for the Case

Robert Lee McGlasson, II (argued), Decatur, GA, Danalynn Recer, Loiusiana Crisis Assistance Ctr., New Orleans, LA, for Petitioner-Appellant.

Edward Larry Marshall (argued), Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS, and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner, Troy Kunkle (Kunkle), was convicted of capital murder in Texas and sentenced to death. He now seeks a Certificate of Appealability (COA) from the district court's denial of habeas corpus relief. We grant Kunkle's request for a COA on his claim of ineffective assistance of counsel. After examining the merits of this claim, we conclude that the district court did not err in finding it was unexhausted. We also conclude that...

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