Because the district court's conclusion that Reyes cannot make a substantial showing of the denial of a constitutional right is not debatable among reasonable jurists, we DENY his application for a COA.
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The district court's decision to not grant an evidentiary hearing is reviewed for abuse of discretion. Appellant's point of error three is overruled.
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First, the petitioner's claim must rely on a new rule of constitutional law, or on a factual predicate that could not have been ly discovered through the exercise of due diligence.
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The fact that Quijano was prevented from giving an opinion as to whether this evidence should be considered mitigating does not mean that the jury was prevented from considering and giving effect to this evidence in their determination of the mitigation special Nsa sex chat.
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Her pants and underwear were pulled down to her knees. Reyes's new court appointed attorney argued that, inter alia, Reyes was deprived of his Sixth and Fourteenth Amendment rights because his trial counsel failed to adequately investigate and present mitigating evidence at trial.
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FN3 FN3. Ann, Baird. Groben concluded that Barraz's death was caused by blunt force trauma to the head but also noted that there was evidence of strangulation.
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Penal Code Ann. Barraz's mother testified that Barraz's vehicle could be described as either gray or silver in color.