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PENRY v. JOHNSON

No. 99-20868.

215 F.3d 504 (2000)

Johnny Paul PENRY, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 2000.

Attorney(s) appearing for the Case

John E. Wright, Huntsville, TX, Robert S. Smith (argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Penry.

Douglas A. Danzeiser (argued), Austin, TX, for Respondent-Appellee.

Malcolm Nathan Greenstein, Greenstein & Kolker, Austin, TX, Edward Fitzgerald, Rupert Skilbeck, London, WC, for Bar Human Rights Committee of England and Wales Amicus Capital Legal Assistance, Amici Curiae.

Stephen Andrew Yelenosky, Advocacy, Inc., Austin, TX, Patricia G. Williams, Glendale, CA, for American Ass'n on Mental Retardation, Advocacy, Inc., The ARC of the United States, ARC-California, The ARC of Texas, The British Institute of Learning Disabilities, The Intern. Ass'n for the Scientific Study of Intellectual Disabilities, The Joseph P. Kennedy, Jr. Foundation and TASH, Amici Curiae.

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Penry filed a motion for a certificate of appealability (COA) in this § 2254 capital habeas proceeding alleging various constitutional violations. For the reasons that follow, we deny his motion.

I

Penry was convicted of capital murder and sentenced to death in Texas state court for the rape and murder of Pamela Carpenter. Penry raped Carpenter and stabbed her with a pair of scissors. He had met her several weeks...

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