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GARDNER v. JOHNSON

No. 98-11014.

247 F.3d 551 (2001)

David Allen GARDNER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As amended on grant of rehearing in part May 1, 2001.

Attorney(s) appearing for the Case

Robert Charles Owen (argued), Schonemann, Rountree & Owen, Maurie Amanda Levine, Austin, TX, for Petitioner-Appellant.

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

Before JOLLY, WIENER, and STEWART, Circuit Judges.

WIENER, Circuit Judge:

Petitioner-Appellant David Allen Gardner appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was convicted of capital murder in the course of a kidnaping and was sentenced to death. After exhausting his remedies at the state level, Gardner applied for a writ of habeas corpus which the district court denied. We granted a Certificate of Appealability (COA) limited to determining...

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