SMITH v. DRETKE

No. 03-20401.

422 F.3d 269 (2005)

Roy Gene SMITH, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 2005.


Attorney(s) appearing for the Case

Michael B. Charlton, Law Office of Michael B. Charlton, El Prado, NM, Alexander Lee Calhoun, Law Office of Alex Calhoun, Austin, TX, Alexander Lee Calhoun, Law Office of Alex Calhoun, Austin, TX, for Petitioner-Appellant.

Kelli L. Weaver, Austin, TX, for Respondent-Appellee.

Before SMITH, DeMOSS and STEWART, Circuit Judges.


CARL E. STEWART, Circuit Judge:

Petitioner-appellant Roy Gene Smith ("Smith") was convicted in the Texas state courts and sentenced to death for the capital murder of James Whitmire. The district court denied Smith's petition for a writ of habeas corpus and denied a certificate of appealability (COA) sua sponte. Smith now requests a COA from this court on three issues, (1) whether his trial counsel provided ineffective...

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