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MUNIZ v. JOHNSON

No. 96-50508.

132 F.3d 214 (1998)

Pedro Cruz MUNIZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 2, 1998.

Attorney(s) appearing for the Case

Faison T. Sessoms, Minneapolis, MN, for Petitioner-Appellant.

John Dury Jacks, Austin, TX, for Respondent-Appellee.

Before SMITH, BARKSDALE and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Pedro Muniz appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Finding no reversible error, we affirm and vacate the stay of execution.

I.

Muniz raped and murdered Janis Bickham in 1976. Before doing so, he followed her down a city street and over a bridge. When she reached the end of the bridge, Muniz grabbed her, dragged her down a ravine, over a stream, and through a fence...

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