Jesse Bautista v. O.L. McCotter Director, Texas Department of Corrections

GARWOOD, Circuit Judge:

Appellant Bautista appeals pro se the district court’s denial, on the merits and following an evidentiary hearing, of his petition for habeas corpus under 28 U.S.C. § 2254 challenging his Texas murder conviction and consequent incarceration. The State of Texas, in response to appellant’s appeal, asserts first that his petition should have been dismissed for failure to exhaust his state remedies, as required by section 2254(b), and, alternatively, that if Bautista has exhausted, that the district court correctly denied him relief on the merits. We agree with the State’s…