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COLE v. DRETKE

No. 01-10646.

418 F.3d 494 (2005)

TED Calvin COLE, now known as Jalil Abdul-Kabir, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 2005.

Attorney(s) appearing for the Case

Robert Charles Owen (argued), Raoul Dieter Schonemann, Owen & Rountree, Austin, TX, for Cole.

Carla Elaina Eldred (argued), Austin, TX, for Dretke.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

WIENER, Circuit Judge:

This case returns to us on remand from the Supreme Court in light of its recent opinion in Tennard v. Dretke.1 Petitioner-Appellant Ted Calvin Cole argues that a trio of recent cases—Tennard, Smith v. Texas,2 and Bigby v. Dretke3—require reversal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition...

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