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FAULDER v. JOHNSON

No. 95-40512.

81 F.3d 515 (1996)

Joseph Stanley FAULDER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1996.

Attorney(s) appearing for the Case

Sandra Lynn Babcock, Office of the Public Defender, Hennepin County, Minneapolis, MN, for petitioner-appellant.

William Charles Zapalac, Asst. Atty. Gen., Dan Morales, Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Marjorie A. Meyers, Bennett, Secrest & Meyers, Houston, TX, for amicus curiae.

Before JONES, DUHÉ and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

Petitioner appeals from denial of his petition for writ of habeas corpus seeking relief from his death sentence. We affirm.

Petitioner, Joseph Stanley Faulder, is a Canadian citizen who was twice convicted and sentenced to death for the murder of Inez Phillips, an elderly widow, during the armed robbery of her home. The first conviction was reversed by the Texas Court of Criminal Appeals because Faulder's confession, which was admitted...

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