No. 08-40478 Summary Calendar.

591 F.3d 757 (2009)

Nath Crockett WOMACK, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 21, 2009.

Attorney(s) appearing for the Case

Nath Crockett Womack, Tennessee Colony, TX, pro se.

Joseph Peter Corcoran, office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Thaler.

Before JONES, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.


Following a jury trial, Nath Crockett Womack, Texas prisoner # 803963, was convicted of murder and was sentenced to serve life in prison. Initially, Womack did not file a petition for discretionary review (PDR) with respect to this judgment, but the Texas Court of Criminal Appeals later granted him authorization to proceed with an out-of-time PDR.

The instant appeal arises from the district court's denial of Womack's 28 U.S.C. § 2254 habeas...

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