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LEAL v. DRETKE

No. 04-70052.

428 F.3d 543 (2005)

Humberto LEAL, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 13, 2005.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, TX, Michael B. Charlton, Law Office of Michael B. Charlton, El Prado, NM, for Leal.

Margaret L. Schmucker, Austin, TX, for Dretke.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Convicted of capital murder and sentenced to death, Humberto Leal, Jr. petitions for a Certificate of Appealability ("COA") from the denial of his petition for federal habeas corpus relief. Leal claims that his trial counsel rendered ineffective assistance and that the Texas capital sentencing scheme's special issues are unconstitutionally vague.

I

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