Felix Rocha v. Rick Thaler, Director

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Federal habeas petitioner Felix Rocha confessed to the murder of Rafael Fuentes — a security guard found shot to death outside the Houston nightclub where he worked — but later pled not guilty and proceeded to trial. Texas indictments charged both Rocha and a co-defendant, Virgilio Maldonado, with capital murder, though each defendant was tried separately. A jury convicted Rocha and on its answer to the sentencing questions he was sentenced to death. State courts affirmed the conviction and sentence on direct review. Over the course of the next eight…