Timothy Johnston v. Al Luebbers

BOWMAN, Circuit Judge.

Timothy Johnston appeals from the District Court’s1 denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We affirm.

I

Johnston was convicted of first-degree murder and armed criminal action in Mis*1051souri state court in 1991 for the beating death of his wife. A jury sentenced Johnston to death. The facts underlying Johnston’s conviction are discussed thoroughly by the Missouri Supreme Court, see State v. Johnston, 957 S.W.2d 734 (Mo.1997) (en banc), cert. denied, 522 U.S. 1150, 118 S.Ct. 1171, 140 L.Ed.2d 181 (1998), and we see no need to restate those facts…