Rolando Ruiz v. William Stephens, Director

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In 1995, a Texas jury sentenced Rolando Ruiz to death for the murder-for-hire of Theresa Rodriguez. Ruiz challenged his capital sentence in habeas proceedings under 28 U.S.C. § 2254, asserting a Wiggins claim for constitutionally ineffective assistance of counsel. The district court denied relief and Ruiz now seeks a certificate of appealability. We deny Ruiz’s request.

I

In July 1992, Mark Rodriguez approached Rolando Ruiz at the home of a mutual friend, asking Ruiz if he “wanted to make some money.” 1 When Ruiz responded affirmatively, Mark 2 explained…