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Try CasePortal for FreeJ. Elrod denies the capital murder convict’s application for a certificate of appealability, also finding the district court properly denied his motion to recuse the judge. Convenience store video clearly shows defendant pouring lighter fluid over the 76-year-old clerk, demanding money, receiving it, then lighting her on fire before calmly leaving. Associates of defendant and officer testimony support the court’s finding on defendant’s being a continuing threat and the Supreme Court has held that Texas’ capital punishment scheme regarding acts of violence constituting a continuing threat is not unconstitutionally vague. The Fifth Circuit has often reaffirmed this holding. No reasonable person would find the court’s assessment of the constitutional claims wrong or would doubt its impartiality. Affirmed.