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PENRY v. LYNAUGH

No. 87-2466.

832 F.2d 915 (1987)

Johnny Paul PENRY, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 23, 1987.

Attorney(s) appearing for the Case

Curtis C. Mason, Staff Counsel for Inmates, Tex. Dept. of Corr., Huntsville, Tex., for petitioner-appellant.

Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before REAVLEY and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 23, 1987.

REAVLEY, Circuit Judge:

This is a collateral attack upon the death sentence by a Texas court of Johnny Paul Penry. With one exception all of the contentions advanced on Penry's behalf are easily rejected. The exceptional contention is that Texas law did not permit the jury to consider, and to apply, all of Penry's personal mitigating circumstances prior to reaching the verdict that mandated his death...

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