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HERNANDEZ v. JOHNSON

No. 98-50908.

248 F.3d 344 (2001)

Rodolfo Baiza HERNANDEZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 2001.

Attorney(s) appearing for the Case

Robert Otto Switzer (argued), Debra L. Parker, San Antonio, TX, for Petitioner-Appellant.

Erik E. Cary (argued), Minter, Joseph & Thornhill, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, JONES and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A jury in the 207th Judicial District Court for Comal County, Texas, on September 25, 1985, convicted Rodolfo Baiza Hernandez of the capital murder of Victor Cervan. The jury gave affirmative answers to the questions required in Texas at the sentencing phase of the trial, and he was sentenced to death. After direct and collateral review by the state courts of his conviction and sentence, Hernandez brings this appeal from a denial...

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