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LAVE v. DRETKE

No. 04-70035.

416 F.3d 372 (2005)

Joseph Roland LAVE, Jr., Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 2005.

Attorney(s) appearing for the Case

David L. Botsford, Walter C. Long, Law Office of David L. Botsford, Austin, TX, for Lave.

Fredericka Searle Sargent, Austin, TX, for Dretke.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Joseph Roland Lave, Jr. ("Lave") moves for a certificate of appealability ("COA") to appeal the district court's denial of his habeas petition under 28 U.S.C. § 2254. Specifically, he argues that reasonable jurists would find it debatable whether: 1) Lave's Sixth Amendment rights were violated under a retroactive application of the Supreme Court's decision in Crawford v. Washington, 541 U.S. 36

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