Larry Gene Heath v. Charlie Jones, Warden

JOHNSON, Circuit Judge:

The petitioner, Larry Gene Heath, under a sentence of death, appeals the district court’s denial of his habeas corpus petition.

I. STATEMENT OF THE CASE

A. Background Facts

In August of 1981, Larry Gene Heath spoke with his brother, Jerry Heath, about possibly hiring some men to kill his wife. Evidently, Larry Heath was suspicious that his wife, who was then nine months pregnant, was carrying the child of her former fiance with whom she allegedly was having an ongoing affair. At the same time, Larry Heath wanted to marry Denise Lambert. Despite the fact that Larry Heath…