Robert Fratta v. Lorie Davis, Director

JERRY E. SMITH, Circuit Judge:

Robert Fratta moves for a certificate of appealability ("COA") to appeal the denial of his petition for writ of habeas corpus under 28 U.S.C § 2254. Because his claims are procedurally defaulted and he cannot overcome the default, the motion is denied.

I

Fratta was convicted of capital murder in 1997 for the murder of his wife Farah Fratta. He was granted federal habeas corpus relief in 2007. He was again convicted and sentenced to death. The Texas Court of Criminal Appeals ("TCCA") affirmed on direct appeal and denied his state habeas petition. Fratta then filed a…