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GARCIA v. STEPHENS

No. 14-70035.

793 F.3d 513 (2015)

Gustavo Julian GARCIA, Petitioner-Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 2015.

Attorney(s) appearing for the Case

Seth Kretzer , Law Offices of Seth Kretzer, Houston, TX, James Wesley Volberding, Esq. , Tyler, TX, for Petitioner-Appellant.

Fredericka Searle Sargent , Asst. Atty. General, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

Gustavo Garcia was convicted of capital murder by a Texas jury and sentenced to death. This is his second federal habeas petition. The district court denied relief on the merits, ordered the case dismissed with prejudice, and did not issue a certificate of appealability (COA). Garcia now requests a COA from...

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