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CARTER v. JOHNSON

No. 96-20334.

131 F.3d 452 (1997)

Robert Anthony CARTER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1997.

Attorney(s) appearing for the Case

James Peter Mercurio, Randall J. Boe, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, Richard M. Frankel, Bristow, Hackerman, Wilson & Peterson, Houston, TX, for Petitioner-Appellant.

Meredith Anne Martinez, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before KING, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Robert Carter appeals the denial of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 (1996). We affirm the judgment and vacate the stay of execution.

I.

Carter was convicted of capital murder and sentenced to death in March 1982. His case, which languished in the Texas courts for over a decade and recently reached the Supreme Court, has now been remanded...

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