Opinion
No. 08-70030 Summary Calendar.
February 17, 2010.
Franklyn Ray Mickelsen, Jr., Broden Mickelsen, Victor Joseph Sasso, Dallas, TX, for Petitioner-Appellant.
Stephen M. Hoffman, Office of the Attorney General, Austin, TX, for Respondent-Appellee.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:00-CV-2709.
Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.
After reviewing the record, we conclude that Bradford has failed to make a substantial showing of the denial of a constitutional right — for essentially the reasons stated by the district court concerning failure to exhaust claims one through three, and its further reasons concerning the other claims. The requests for certificates of appealability are DENIED. Under current precedent in this circuit, the claims of ineffective assistance of counsel were not exhausted in the state court and would be barred in a successive state petition under Texas Code of Criminal Procedure Art. 11.071 § 5(a) and the law remains that ineffective habeas counsel will not excuse a failure to exhaust, as petitioner concedes.
Cf. Ruiz v. Quarterman, 504 F.3d 523 (5th Cir .2007).