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GARZA v. STEPHENS

No. 12-70036.

738 F.3d 669 (2013)

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

United States Court of Appeals, Fifth Circuit.

Filed: December 20, 2013.

Attorney(s) appearing for the Case

Michael Clark Gross, San Antonio, TX, for Petitioner-Appellant.

Ellen Stewart-Klein, Assistant Attorney General, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before JOLLY, ELROD, and GRAVES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge.

In 2002, a Texas jury found Manuel Garza guilty of murdering San Antonio Police Officer John Riojas, and the state trial court imposed a sentence of death. The Texas Court of Criminal Appeals affirmed Garza's conviction and sentence on direct appeal and denied post-conviction relief. In an exhaustive opinion, the district court denied Garza's federal habeas petition and denied him a certificate of appealability (COA). Garza now...

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