Court of Appeals for the Fifth Circuit August 25, 2004, No. 01-40058 (Banks v. Dretke)

PER CURIAM.

In 1980, Delma Banks, Jr. was convicted in Texas state court of capital murder and sentenced to death. After pursuing his state remedies, Banks filed for federal ha-beas relief in 1996 (before the effective date of the Antiterrorism and Effective Death Penalty Act (AEDPA)).