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RILEY v. DRETKE

No. 02-41179.

362 F.3d 302 (2004)

Michael Lynn RILEY, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 2004.

Attorney(s) appearing for the Case

Alexander Lee Calhoun, Law Office of Alex Calhoun, Austin, TX, for Petitioner-Appellant.

Deni S. Garcia, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Petitioner Michael Lynn Riley ("Riley") is a death-row inmate in the custody of the Texas Department of Criminal Justice, Institutional Division. The district court granted Riley a certificate of appealability ("COA") based on one of his sub-claims of ineffective assistance of counsel.1 Specifically, Riley argues that the state habeas court wrongly denied him habeas relief because evidence showed that...

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