No. 07-70017.

528 F.3d 336 (2008)

Henry W. SKINNER, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Douglas George Robinson, Skadden, Arps, Slate, Meagher & Flom, Washington, DC, Robert Charles Owen, Owen & Rountree, Austin, TX, for Petitioner-Appellant.

Katherine D. Hayes, Austin, TX, for Respondent-Appellee.

Before SMITH, WIENER, and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Henry Skinner was convicted of capital murder and sentenced to death. He seeks a certificate of appealability ("COA") from the denial of his petition for writ of habeas corpus. We deny in part and grant in part the application.


In March 1995, a jury convicted Skinner of murdering his girlfriend, Twila Busby, and her two mentally retarded sons, Randy Busby and Elwin Caler...

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