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FRANKLIN v. LYNAUGH

Nos. 86-2538, 86-2883.

823 F.2d 98 (1987)

Donald Gene FRANKLIN, Petitioner-Appellant, v. James A. LYNAUGH, Interim Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 1987.

Attorney(s) appearing for the Case

Mark Steven, Allen Cazier, George Scharmen, San Antonio, Tex., for petitioner-appellant.

William C. Zapalac, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RANDALL, and DAVIS, Circuit Judges.

PER CURIAM:

There is small occasion for us to rehearse the sickening facts of this murder, one in which an innocent victim who stepped into the wrong place at the wrong time was stabbed, raped and left to bleed to death for five days in the July sun of Texas. These are set forth at length in the various opinions on direct appeal, e.g., 606 S.W.2d 818 (Tex.Crim.App.1979). Nor need much be said on the law, it having developed...

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