MARTINEZ v. DRETKE

No. 03-21228.

404 F.3d 878 (2005)

Raymond DeLeon MARTINEZ, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 2005.


Attorney(s) appearing for the Case

Michael B. Charlton, Law Office of Michael B. Charlton, Alvin, TX, Gary Allen Taylor, Austin, TX, for Petitioner-Appellant.

Margaret L. Schmucker, Austin, TX, for Respondent-Appellee.

Before JONES, BENAVIDES and CLEMENT, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Raymond DeLeon Martinez was convicted of capital murder in Texas state court and sentenced to death. Martinez filed a petition for a writ of habeas corpus relief under 28 U.S.C. § 2254 in the United States District Court for the Southern District of Texas, Houston Division. The district court denied the petition, and, sua sponte, denied Martinez a certificate of appealability ("COA"). Martinez then filed a Request for the Issuance...

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