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BUSBY v. DRETKE

No. 03-40492.

359 F.3d 708 (2004)

Jasen Shane BUSBY, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised February 25, 2004.

Attorney(s) appearing for the Case

Thomas Scott Smith (argued), Smith & Smith, Sherman, TX, Petitioner-Appellant.

Woodson Erich Dryden, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

KING, Chief Judge:

Petitioner-appellant Jasen Shane Busby has been convicted of capital murder in the Texas state courts and sentenced to death. The district court denied Busby's petition for a writ of habeas corpus but granted Busby a certificate of appealability (COA) on several issues. This court later denied Busby's request for a COA on additional claims. We now address the issues for which Busby was granted a COA. Finding them without merit under the governing...

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