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ROWELL v. DRETKE

No. 04-70013.

398 F.3d 370 (2005)

Robert Dale ROWELL, Petitioner-Appellant, v. Douglas DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 2005.

Attorney(s) appearing for the Case

Edward A. Mallett, Mandell & Wright, Houston, TX, for Petitioner-Appellant.

Woodson Erich Dryden, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before SMITH, DeMOSS and STEWART, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner Robert Dale Rowell ("Rowell") was convicted and sentenced to death in Texas state court for the capital murder of Raymond David Mata. Rowell filed a petition for writ of habeas corpus in the United States District Court for the Southern District of Texas pursuant to 28 U.S.C. § 2254. The district court denied Rowell's petition. Rowell now requests a certificate of appealability ("COA") from this Court pursuant to 28 U.S.C. &...

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