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BURGESS v. DRETKE

No. 01-11287.

350 F.3d 461 (2003)

Mark Alan BURGESS, Petitioner Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 11, 2003.

Attorney(s) appearing for the Case

Anthony Martin Smith (argued), Law Office of Anthony M. Smith, San Antonio, TX, for Petitioner-Appellant.

Tommy Lee Skaggs (argued), Austin, TX, for Respondent-Appellee.

Before REAVLEY, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Following a jury trial, Petitioner Mark Alan Burgess was convicted of murder and sentenced to life in prison. He filed a petition for a writ of habeas corpus in district court pursuant to 28 U.S.C. § 2254, alleging that the state trial court committed various constitutional violations that tainted his conviction. The district court denied his petition, and we granted him a certificate of appealability on the issue whether...

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