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PRIETO v. DRETKE

No. SA-01-CA-1145-OG.

386 F.Supp.2d 767 (2005)

Arnold PRIETO, TDCJ No. 999149, Petitioner, v. Douglas DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, W.D. Texas, San Antonio Division.

July 7, 2005.

Attorney(s) appearing for the Case

J. Scott Sullivan, Attorney at Law, Richard Emil Langlois, Langlois & Snyder, San Antonio, TX, for Petitioner.

Edward L. Marshall, Assistant Attorney General, Austin, TX, for Respondent.

MEMORANDUM OPINION AND ORDER DENYING RELIEF

GARCIA, District Judge.

Petitioner Arnold Prieto filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 challenging his March, 1995, Bexar County capital murder conviction and sentence of death. For the reasons set forth below, petitioner is not entitled to federal habeas corpus relief but is entitled to a Certificate of Appealability on a pair of legal issues.

I.

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