Cervantes Salazar v. Dretke

MEMORANDUM OPINION AND ORDER DENYING RELIEF

BIERY, District Judge.

Petitioner Luis Cervantes Salazar filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 challenging his September, 1998, Bexar County capital murder conviction and sentence of death. For the reasons set forth below, petitioner is not entitled to federal habeas corpus relief from this Court but is entitled to a Certificate of Appealability on a single claim.

I. Statement of the Case

A. The Offense and its Aftermath

There is no genuine dispute as to the operative facts of petitioner’s offense. During the…