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WHEAT v. JOHNSON

No. 00-10433.

238 F.3d 357 (2001)

John L. Wheat Petitioner-Appellant, v. Gary L. Johnson, Director, Texas Department of Criminal Justice Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 2001.

Attorney(s) appearing for the Case

Robert Patrick Abbott (argued), Coppell, TX, Jan Elizabeth Hemphill, Dallas, TX, for Petitioner-Appellant.

Gena Blount Bunn, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

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

EMILIO M. GARZA, Circuit Judge:

Texas prisoner John L. Wheat seeks a certificate of appealability to challenge the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Wheat was convicted of capital murder in violation of Tex. Penal Code Ann. § 19.03(a)(8) and sentenced to death. The Texas Court of Criminal Appeals affirmed his conviction on direct appeal. State habeas counsel was appointed, but relief was

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