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BOYD v. JOHNSON

No. 97-10823.

167 F.3d 907 (1999)

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

United States Court of Appeals, Fifth Circuit.

February 12, 1999.

Attorney(s) appearing for the Case

Gary Alan Udashen, Milner, Lobel, Goranson, Sorrels, Udashen & Wells, Dallas, TX, for Petitioner-Appellant.

Erik E. Cary, Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and POLITZ and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendant Charles Anthony Boyd was convicted of capital murder and sentenced to death.1 He requests a Certificate of Probable Cause ("CPC") to appeal the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254. He contends that the district court erred because (1) counsel was ineffective for failing to present mitigating evidence of his retardation to the jury at sentencing...

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