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ROBERTS v. DRETKE

No. 02-51339.

381 F.3d 491 (2004)

Douglas Alan ROBERTS, Petitioner-Appellant, v. Doug DRETKE, Director Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 16, 2004.

Attorney(s) appearing for the Case

Andrew A. Hammel, Law Office of Adrienne Urrutia, San Antonio, TX, H. Melissa Mather (argued), Austin, TX, for Petitioner-Appellant.

Katherine D. Hayes (argued), Austin, TX, for Respondent-Appellee.

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Douglas Alan Roberts appeals the district court's denial of his petition for habeas relief. He challenges both his Texas state capital murder conviction and his sentence. The district court denied relief on all grounds in Roberts's petition, but granted a COA as to the questions 1) whether the trial court acted reasonably in not sua sponte holding a competency hearing, and 2) whether the federal district court erred in not granting...

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