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THOMPSON v. LYNAUGH

No. 87-5554.

821 F.2d 1080 (1987)

John Russell THOMPSON, Petitioner-Appellant, v. James A. LYNAUGH, Interim Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 1987.

Attorney(s) appearing for the Case

C.N. Rothe, Mark Stevens, San Antonio, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Robert S. Walt, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, JOHNSON, and JOLLY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In his second federal habeas petition, John Russell Thompson alleges that the prosecution introduced victim-impact testimony at his trial for capital murder, in violation of his Eighth Amendment rights as established by the recent Supreme Court decision in Booth v. Maryland, 482 U.S. ___, 107 S.Ct. 2529, 96 L.Ed.2d 440, 41 Crim.L.Rptr. 3282 (1987). We grant a certificate of probable...

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