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RUIZ v. STEPHENS

No. 11-70011.

728 F.3d 416 (2013)

Rolando RUIZ, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 26, 2013.

Attorney(s) appearing for the Case

Kathryn M. Kase, Esq. , Houston, TX, Lee Benjamin Kovarsky, Esq. , Baltimore, MD, for Petitioner-Appellant.

Jeremy Craig Greenwell, Esq. , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Respondent-Appellees.

Before HIGGINBOTHAM, DENNIS, and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In 1995, a Texas jury sentenced Rolando Ruiz to death for the murder-for-hire of Theresa Rodriguez. Ruiz challenged his capital sentence in habeas proceedings under 28 U.S.C. § 2254, asserting a Wiggins claim for constitutionally ineffective assistance of counsel. The district court denied relief and Ruiz now seeks a certificate of appealability. We deny Ruiz's request.

I.

In July 1992, Mark Rodriguez...

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