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FRATTA v. DAVIS

No. 17-70023.

889 F.3d 225 (2018)

Robert Alan FRATTA, Petitioner-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed May 1, 2018.

Attorney(s) appearing for the Case

James Gregory Rytting , Hilder & Associates, P.C., 819 Lovett Boulevard, Houston, TX 77006 for Petitioner-Appellant.

Ellen Stewart-Klein , Assistant Attorney General, Edward Larry Marshall , Office of the Attorney General, Postconviction Litigation Division, 300 W. 15th Street-8th Floor, William P. Clements Building, Austin, TX 78701-0000 for Respondent-.Appellee.

Before SMITH, DENNIS, and CLEMENT, Circuit Judges.

Robert Fratta moves for a certificate of appealability ("COA") to appeal the denial of his petition for writ of habeas corpus under 28 U.S.C § 2254. Because his claims are procedurally defaulted and he cannot overcome the default, the motion is denied.

I.

Fratta was convicted of capital murder...

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