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PRYSTASH v. DAVIS

No. 16-70014.

854 F.3d 830 (2017)

Joseph Andrew PRYSTASH, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 26, 2017.

Attorney(s) appearing for the Case

David R. Dow , Jeffrey R. Newberry , University of Houston, Law Center, Houston, TX, for Petitioner-Appellant.

Travis Golden Bragg , Assistant Attorney General, Office of the Attorney General for the State of Texas, Ellen Stewart-Klein , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before GRAVES, HIGGINSON, and COSTA, Circuit Judges.

Two decades after being sentenced to death for being the middleman in a murder-for-hire, Joseph Andrew Prystash seeks a certificate of appealability to appeal the district court's denial of his petition for a writ of habeas corpus. He asks us to certify the following questions: (1) whether there was cause for the procedural...

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