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JOHNSON v. DRETKE

No. 03-51102.

394 F.3d 332 (2004)

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

United States Court of Appeals, Fifth Circuit.

December 15, 2004.

Attorney(s) appearing for the Case

Steven Gregory White, McGregor & White, Waco, TX, for Petitioner-Appellant.

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

Before DeMOSS, BENAVIDES and DENNIS, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner Michael Dewayne Johnson ("Johnson"), a Texas inmate sentenced to die for the murder of Jeffrey Michael Wetterman, seeks a certificate of appealability ("COA") from this Court on two issues of law. Johnson claims that David Vest, an accomplice and witness at his trial, confessed to the crime in a factual stipulation entered under oath prior to his testimony in Johnson's trial. The district court found Johnson did not meet the successive...

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