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MILLER-EL v. DRETKE

No. 00-10784.

361 F.3d 849 (2004)

Thomas Joe MILLER-EL, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 26, 2004.

Attorney(s) appearing for the Case

James William Marcus (argued), Texas Defender Service, Houston, TX, Andrew A. Hammel, Law Office of Adrienne Urrutia, San Antonio, TX, for Petitioner-Appellant.

Ann Kraatz, Gena Blount Bunn, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before DAVIS, JONES and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner brings this federal habeas corpus petition claiming, pursuant to Batson v. Kentucky, that the state trial court erred in finding that there was no purposeful discrimination in the selection of his jury. The district court denied Petitioner relief. The district court then denied a certificate of appealability ("COA"). Petitioner previously appealed to this court and we denied a COA. The Supreme Court reversed. We then granted...

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