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O'BRYAN v. ESTELLE

No. 82-2422.

714 F.2d 365 (1983)

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 August 30, 1983.

Attorney(s) appearing for the Case

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

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

David Crump, The Legal Foundation of America, South Texas College of Law, Houston, Tex., amici curiae for Texas Dist. and County Attys. Ass'n.

Nicholas E. Calio, Washington, D.C., amici curiae for Washington Legal Foundation.

Before RANDALL and HIGGINBOTHAM, Circuit Judges, and BUCHMEYER, District Judge.

RANDALL, Circuit Judge:

Ronald Clark O'Bryan was convicted of the murder of his own child in a Texas state court in 1974 and sentenced to die. On appeal from the federal district court's denial of habeas corpus relief, 28 U.S.C. § 2254 (1976), the defendant contends:

(1) that the exclusion of three jurors who expressed conscientious objections to the death penalty violated the rule of Witherspoon v. Illinois...

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