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O'BRYAN v. ESTELLE

No. 82-2422.

691 F.2d 706 (1982)

Ronald Clark O'BRYAN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Dissenting Opinion October 28, 1982.

Attorney(s) appearing for the Case

Stanley G. Schneider, Houston, Tex., Will Gray, Simonton, Tex., for petitioner-appellant.

Leslie A. Benitez, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.

PER CURIAM:

Petitioner, Ronald Clark O'Bryan, was convicted of capital murder in Harris County, Texas and sentenced to die. The evidence at trial indicated that he had killed his eight year old son on Halloween by giving him cyanide candy, in order to collect insurance proceeds. Petitioner's direct appeal was affirmed in an extensive opinion by the Texas Court of Criminal Appeals in O'Bryan v. State, 591 S.W.2d 464 (Tex.Cr...

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