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ORTIZ v. QUARTERMAN

No. 06-70020.

504 F.3d 492 (2007)

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

United States Court of Appeals, Fifth Circuit.

October 10, 2007.

Attorney(s) appearing for the Case

Robin Norris, Hart & Norris, El Paso, TX, for Ortiz.

Ellen Stewart-Klein, Austin, TX, for Quarterman.

Before SMITH, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Texas death row inmate Ricardo Ortiz ("Ortiz") appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition in which he claimed that the Texas retaliation statute was an unconstitutional ex post facto law when applied to him. He also moves for a certificate of appealability ("COA") to appeal two additional issues, arguing that reasonable jurists would find debatable whether the trial court improperly...

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