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MILLER v. JOHNSON

No. 98-10916.

200 F.3d 274 (2000)

Garry Dean MILLER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 2000.

Attorney(s) appearing for the Case

H. Thomas Hirsch, Hirsch, Stroder & Hobbs, Odessa, TX, for Petitioner-Appellant.

Douglas A. Danzeiser, Austin, TX, for Respondent-Appellee.

Before EMILIO M. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner Garry Dean Miller, convicted of capital murder in Texas and sentenced to death, requests from this Court a Certificate of Appealability (COA) pursuant to 28 U.S.C. § 2253(c)(2). Miller raises several arguments on appeal, including ineffective assistance of counsel, insufficient evidence to support an affirmative answer to the second special issue, misleading penalty phase jury instructions, and prosecutorial misconduct. Finding...

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