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McFADDEN v. JOHNSON

No. 98-50485.

166 F.3d 757 (1999)

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

United States Court of Appeals, Fifth Circuit.

January 29, 1999.

Attorney(s) appearing for the Case

Steven C. Losch, Longview, TX, for Petitioner-Appellant.

Kristen Alline Bates, Atty. Gen. of Texas, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DUHÉ and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Jerry McFadden appeals the district court's denial of his petition for federal habeas. McFadden attacks his conviction of capital murder and sentence of death by a Texas jury, contending that the state trial judge applied an incorrect constitutional standard in excluding two prospective jurors in the course of jury selection without insisting on a focus upon the juror's ability to answer the sentencing questions. We are not...

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