McGINNIS v. JOHNSON

No. 98-20375.

181 F.3d 686 (1999)

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

United States Court of Appeals, Fifth Circuit.

July 20, 1999.


Attorney(s) appearing for the Case

George A. Koeck, Erik William Scharf, Dorsey & Whitney, Minneapolis, MN, for Petitioner-Appellant.

Gena Blount Bunn, Assistant Attorney General, Austin, TX, for Respondent-Appellee.

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Petitioner Glen Charles McGinnis appeals the district court's dismissal of his petition for habeas relief under 28 U.S.C. § 2254. We affirm.

I

A jury in Montgomery County, Texas, found McGinnis guilty of capital murder while committing a robbery. At the punishment phase, the jury found that McGinnis acted deliberately, that he was a continuing threat to society, and that there were not sufficient mitigating circumstances...

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