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DUNN v. JOHNSON

No. 97-20581.

162 F.3d 302 (1998)

Kenneth Dwayne DUNN, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 1998.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, TX, for Petitioner-Appellant.

Gena A. Blount, Asst. Atty. Gen., Margaret Portman Griffey, Michael Skotnik, Austin, TX, for Respondent-Appellee.

Before POLITZ, Chief Judge, and KING and JONES, Circuit Judges.

POLITZ, Chief Judge:

Kenneth Dwayne Dunn, a Texas death row inmate, appeals the denial of his 28 U.S.C. § 2254 petition for habeas corpus. For the reasons assigned, we affirm.

BACKGROUND

In 1980 Dunn was convicted of capital murder and sentenced to death for shooting a bank employee during the commission of a bank robbery.1 On April 8, 1987, Dunn's conviction was reversed by the Texas Court of Criminal Appeals because...

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