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CLARK v. JOHNSON

No. 01-10573.

278 F.3d 459 (2002)

Jack Wade CLARK, Petitioner, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent. Gary A. Taylor, Appellant.

United States Court of Appeals, Fifth Circuit.

January 2, 2002.

Attorney(s) appearing for the Case

Charles David Weisselberg, Elisabeth Semel, University of California at Berkeley, School of Law, Berkeley, CA, Ronald Wayne Breaux, Sarah Rae Teachout, Haynes & Boone, Dallas, TX, for Appellant.

Gerald H. Goldstein, Cynthia Eva Hujar Orr, Goldstein, Goldstein & Hilley, San Antonio, TX, for National Association of Criminal Defense Lawyers, Amicus Curiae.

Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

The district court granted Gary Taylor's motion to appoint him to represent Jack Wade Clark, a Texas prisoner who had been convicted of capital murder in 1991 and sentenced to death. With Taylor's assistance, Clark filed a 28 U.S.C. § 2254 petition, which was denied by the district court. Both the district court and this court denied Clark a certificate of appealability to appeal the district court's final judgment. Clark's petition to...

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