MALDONADO v. THALER

No. 10-70003.

625 F.3d 229 (2010)

Virgilio MALDONADO, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 2010.


Attorney(s) appearing for the Case

Layne E. Kruse (Court-Appointed), Darryl Wade Anderson (argued), Richard N. Carrell , Fulbright & Jaworski, L.L.P., Houston, TX, for Maldonado.

Matthew Dennis Ottoway , Asst. Atty. Gen. (argued), Postconviction Lit. Div., Austin, TX, for Thaler.

Before KING, STEWART and HAYNES, Circuit Judges.


KING, Circuit Judge:

The petitioner-appellee, Virgilio Maldonado, was sentenced to death in 1997 in Texas state court for a murder committed during the course of a robbery in 1995. After exhausting state-court avenues for postconviction relief, he sought habeas relief under 28 U.S.C. § 2254 in federal district court. The district court denied the petition for habeas relief and denied a certificate of appealability (COA). We granted a COA as to Maldonado's claim...

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