BEATTY v. STEPHENS

No. 13-70026.

759 F.3d 455 (2014)

Tracy Lane BEATTY, Petitioner-Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 2014.


Attorney(s) appearing for the Case

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

Georgette P. Oden , Assistant Attorney-General, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before OWEN, ELROD, and HAYNES, Circuit Judges.


JENNIFER WALKER ELROD, Circuit Judge:

Petitioner Tracy Lane Beatty was convicted of the capital murder of his mother and sentenced to death. The Texas Court of Criminal Appeals affirmed on direct appeal and denied habeas relief. The district court denied Beatty's federal habeas petition and denied a certificate of appealability ("COA"). Beatty argues on appeal that he is entitled to a COA on two ineffective-assistance-of-counsel claims. Because the district court...

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