RUIZ v. QUARTERMAN

No. 07-70025.

504 F.3d 523 (2007)

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.

October 11, 2007.


Attorney(s) appearing for the Case

Morris H. Moon, Jared Tyler (argued), Tex. Def. Serv., Houston, TX, for Ruiz.

Jeremy Craig Greenwell (argued), Austin, TX, for Quarterman.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a death penalty case from Bexar County, Texas. Petitioner Rolando Ruiz appeals the federal district court's order denying his Rule 60 motion for relief from judgment and stay of execution. Ruiz brings serious charges of incompetent and ineffective trial counsel, but no federal court has considered the merits of his constitutional claims, and he obtained a stay only within minutes of his execution, granted by this court...

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