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EARHART v. JOHNSON

No. 96-50441.

132 F.3d 1062 (1998)

James Otto EARHART, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 1998.

Attorney(s) appearing for the Case

Dick W. DeGuerin, Matt Edward Hennessy, DeGuerin & Dickson, Houston, TX, for Petitioner-Appellant.

John Dury Jacks, Gena A. Blount, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before KING, JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal presents the question whether the district court erred in denying federal habeas relief to James Otto Earhart. A Texas jury convicted Earhart for capital murder and sentenced him to death. The conviction and sentence were affirmed on direct appeal. Earhart then filed a petition for habeas relief in the federal district court under 28 U.S.C. § 2254. He alleged, inter alia, that defense counsel rendered ineffective...

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