MAYS v. STEPHENS

No. 13-70037.

757 F.3d 211 (2014)

Randall Wayne MAYS, Petitioner-Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 2014.


Attorney(s) appearing for the Case

Thomas Scott Smith , Smith & Smith, Sherman, TX, for Petitioner-Appellant.

Travis Golden Bragg , Assistant Attorney General, Office of the Attorney General, Austin, TX, Respondent-Appellee.

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Randall Mays was convicted of murder and sentenced to death. He seeks a certificate of appealability ("COA") to challenge the constitutionality of the sentence. Because he has failed to make a substantial showing of the denial of a constitutional right, we deny a COA.

I.

In 2007, police officers responded to a "domestic violence-gunshot" call. All of them were in uniform, wearing badges, and driving marked vehicles...

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