RAMIREZ v. DRETKE

No. 04-70011.

398 F.3d 691 (2005)

Luis RAMIREZ, Petitioner-Appellant, v. Doug DRETKE, Director Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 27, 2005.


Attorney(s) appearing for the Case

Gary Allen Taylor, Austin, TX, Jack Knox Wall, Law Office of J.K. Rusty Wall, Midland, TX, for Ramirez.

Margaret L. Schmucker, Austin, TX, for Dretke.

Before BARKSDALE, GARZA and DENNIS, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Petitioner Luis Ramirez was convicted of capital murder and sentenced to death for the murder of his ex-wife's boyfriend, Nemecio Nandin. The Texas Court of Criminal Appeals affirmed the conviction and sentence on direct appeal and denied Ramirez's subsequent petition for a writ of habeas corpus. A federal district court denied Ramirez's ensuing petition for a writ of habeas corpus and refused to issue a Certificate of Appealability...

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