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NELSON v. DRETKE

No. 02-11096.

442 F.3d 282 (2006)

Billy Ray NELSON, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2006.

Attorney(s) appearing for the Case

Jack Knox Wall, Law Office of J.K. Rusty Wall, Midland, TX, for Nelson.

Deni S. Garcia, Austin, TX, for Dretke.

Before JONES, Chief Judge, and STEWART and DENNIS, Circuit Judges.

EDITH H. JONES, Chief Judge:

This death penalty case is reconsidered pursuant to the Supreme Court's instruction following its summary grant of certiorari and the vacating of our prior opinion based on Tennard v. Dretke, 542 U.S. 274, 124 S.Ct. 2562, 159 L.Ed.2d 384 (2004). The panel affirms, but we are divided on our reasoning.1

In his appeal to this court, Nelson sought a COA on three issues...

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