Perry Austin v. Lorie Davis, Director

PRISCILLA R. OWEN, Circuit Judge:

Perry Allen Austin was convicted of capital murder in Texas state court and sentenced to death. The Texas Court of Crim-ina,! Appeals affirmed the trial court’s judgment and subsequently dismissed Austin’s state habeas petition as untimely. Austin filed a federal habeas petition. The federal district court granted summary judgment for the State and denied a certificate of appealability (CQA). This court granted Austin a COA on fourteen - of his twenty-one grounds. We now affirm the district court’s judgment.

I

We briefly recount the pertinent facts leading up to…