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JOHNSON v. DRETKE

No. 03-51102.

442 F.3d 901 (2006)

Michael Dewayne JOHNSON, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 13, 2006.

Attorney(s) appearing for the Case

Steven Gregory White (argued), Naman, Howell, Smith & Lee, Waco, TX, for Johnson.

Woodson Erich Dryden, Asst. Atty. Gen. (argued), Austin, TX, for Dretke.

Before DeMOSS, BENAVIDES and DENNIS, Circuit Judges.

DeMOSS, Circuit Judge:

In a prior opinion, this panel granted Petitioner Michael Dewayne Johnson, a Texas inmate sentenced to death for the murder of Jeffrey Michael Wetterman, a certificate of appealability ("COA") on two issues of law: "(1) whether [Johnson's] alleged prosecutorial misconduct claims meet the due diligence requirement of 28 U.S.C. § 2244(b)(2)(B)(i); and (2) if so, whether Johnson's prosecutorial misconduct claims merit relief." Johnson v...

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