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MORROW v. DRETKE

No. 03-10024.

367 F.3d 309 (2004)

Ricky Eugene MORROW, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 2004.

Attorney(s) appearing for the Case

Randy Schaffer (argued), The Schaffer Firm, Houston, TX, for Petitioner-Appellant.

Tina J. Dettmer (argued), Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an application for a certificate of appealability by Ricky Eugene Morrow, a Texas death row inmate, seeking to appeal the decision of the federal district court denying habeas relief and refusing a COA. Morrow raises three contentions. First, he argues that the district court erred in denying an evidentiary hearing and presuming the findings of the State habeas court to be correct even though it held no hearing. Second...

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