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GIBBS v. JOHNSON

No. 97-20624.

154 F.3d 253 (1998)

David Earl GIBBS, Petitioner-Appellant, v. Gary JOHNSON, Warden, Director, Texas Department of Criminal Justice Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 8, 1998.

Attorney(s) appearing for the Case

Gregory William Wiercioch, James William Marcus, Andrew A. Hammel, Houston, TX, for Petitioner-Appellant.

Delane T. Hendrix, Austin, TX, for Respondent-Appellee.

Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

David Earl Gibbs has been on death row in Texas for the past twelve years following his conviction by a jury for raping and cutting the throat of Marietta Bryant in the course of a burglary of her apartment in Conroe, Texas, on the night of July 1, 1985. Gibbs also raped and killed Carol Ackland, Ms. Bryant's roommate that evening in the apartment, but the state charged only the assault and death of Marietta Bryant.

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