Clark v. Johnson

DENNIS, Circuit Judge:

Texas death row inmate James Lee Clark requests that we grant a certificate of appealability as required by 28 U.S.C. § 2253(c) before an appeal may be taken from the district court’s denial of habeas relief. We deny Clark’s request.

I. FACTS and PROCEDURAL BACKGROUND

In the early morning of June 7, 1993, James Lee Clark and James Brown arrived at a Texaco store in Denton, Texas, and asked the store clerk to call an ambulance for Brown who had suffered a gunshot wound. , Subsequent investigation revealed that Brown accidentally shot himself in the leg at point blank range…