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MORRIS v. DRETKE

No. 04-70004.

413 F.3d 484 (2005)

Kenneth Wayne MORRIS, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 2005.

Attorney(s) appearing for the Case

Michael B. Charlton, Law Office of Michael B. Charlton, Alvin, TX, Gerald James Bierbaum (argued), Houston, TX, for Morris.

Deni S. Garcia (argued), Austin, TX, for Dretke.

Before HIGGINBOTHAM, DeMOSS and DENNIS, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner-Appellant Kenneth Wayne Morris ("Morris") sought a COA on the issue whether the presentation of a factually stronger habeas claim in federal court than in the state courts always mandates a dismissal without prejudice based on the exhaustion principle. Morris v. Dretke, 379 F.3d 199, 201 (5th Cir.2004). We granted Morris a COA on that exhaustion issue and asked the parties to specifically address...

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