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TREVINO v. THALER

Civil No. SA-01-CA-306-XR.

678 F.Supp.2d 445 (2009)

Carlos TREVINO, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, W.D. Texas, San Antonio Division.

December 21, 2009.

Attorney(s) appearing for the Case

Warren Alan Wolf, Law Office of Warren Alan Wolf, San Antonio, TX, for Petitioner.

Fredericka Sargent, Office of the Attorney General Assistant Attorney General, Austin, TX, for Respondent.

MEMORANDUM OPINION AND ORDER

XAVIER RODRIGUEZ, District Judge.

Petitioner Carlos Trevino filed this federal habeas corpus action pursuant to 28 U.S.C. Section 2254 challenging his July 1997, Bexar County capital murder conviction and sentence of death. For the reasons set forth at length below, petitioner is not entitled to federal habeas corpus relief from this Court but is entitled to a Certificate of Appealability.

I. Statement...

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