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JOHNSON v. JOHNSON

No. 98-40837 Summary Calendar.

192 F.3d 509 (1999)

Donald Wayne JOHNSON, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 1999.

Attorney(s) appearing for the Case

Donald Johnson, Beeville, TX, pro se.

Jennifer Michelle Owens (argued), Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Donald Wayne Johnson appeals the dismissal of his 28 U.S.C. section 2254 petition. Johnson was convicted of capital murder under Texas Penal Code section 19.03(a)(2) for murder during the course of committing a robbery. He received a sentence of life imprisonment. As he did on direct appeal, Johnson argues in his habeas petition that there was insufficient evidence that he formed the intent to rob the victim before or during...

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