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BEAZLEY v. JOHNSON

No. 99-41382.

242 F.3d 248 (2001)

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

United States Court of Appeals, Fifth Circuit.

February 9, 2001.

Attorney(s) appearing for the Case

David L. Botsford, Walter C. Long, Sheinfeld, Maley & Kay, Austin, TX, for Petitioner-Appellant.

Katherine D. Hayes, Austin, TX, for Respondent-Appellee.

Clive A. Stafford-Smith, Louisiana Crisis Assistance Center, New Orleans, LA, for Human Rights Committee of the Bar of England and Wales, Amicus Curiae.

Before SMITH, WIENER, and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Included in the numerous issues before us, which primarily challenge the Texas death-penalty system, are several that concern whether Napoleon Beazley can be executed for committing a capital murder when he was almost, but not yet, age 18. Such effect vel non of Beazley's age, however, is not included in the one issue (standard of review) for which the district court granted a certificate of appealability...

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