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GONZALES v. DAVIS

No. 18-70026.

924 F.3d 236 (2019)

Michael Dean GONZALES, 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 17, 2019.

Attorney(s) appearing for the Case

Donna F. Coltharp , Assistant Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, Richard H. Burr, III, Esq. , Burr & Welch, P.C., Leggett, TX, for Petitioner-Appellant.

Woodson Erich Dryden, Esq. , Assistant Attorney General, Jennifer Wren Morris , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before JONES, SOUTHWICK, and WILLETT, Circuit Judges.

This is an appeal from the district court's denial of an inmate's petition for habeas relief relating to his alleged incompetence to stand trial on capital sentencing, and for a Certificate of Appealability ("COA"). The district court erroneously granted a hearing on the merits of petitioner's claims and denied relief. We deny the petitioner...

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