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RUIZ v. QUARTERMAN

No. 05-70047.

460 F.3d 638 (2006)

Rolando RUIZ, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 2006.

Attorney(s) appearing for the Case

Chris K. Gober, Nicholas & Barrera, San Antonio, TX, Adrienne Urrutia Wisenberg, Solomon L. Wisenberg PLLC, Washington, DC, for Petitioner-Appellant.

Jeremy Craig Greenwell, Tomee Morgan Heining, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Rolando Ruiz was sentenced to death after a jury in Bexar County, Texas, convicted him of capital murder. Texas state courts affirmed his conviction and sentence and refused habeas relief. The federal district court dismissed his federal habeas petition, finding his claims of ineffective assistance of counsel and unconstitutional strictures of argument in mitigation procedurally barred and rejecting his contention that the state...

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