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BEETS v. JOHNSON

No. 98-41482.

180 F.3d 190 (1999)

Betty Lou BEETS, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 28, 1999.

Attorney(s) appearing for the Case

Joseph G. Margulies, Minneapolis, MN, John H. Blume, Columbia, SC, for Petitioner-Appellant.

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

Before JOLLY, HIGGINBOTHAM and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In 1985, Betty Lou Beets was convicted of the murder of her fifth husband, Jimmy Don Beets. A Texas jury sentenced her to death. Her conviction and sentence were affirmed on appeal. See Beets v. Texas, 767 S.W.2d 711, 730-48 (Tex.Crim.App. 1987) (majority op. on reh'g). Following the unsuccessful prosecution of a state writ, Beets sought federal habeas relief from her conviction. This court...

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