FRANKLIN v. LYNAUGH

No. 88-5630.

860 F.2d 165 (1988)

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

United States Court of Appeals, Fifth Circuit.

November 1, 1988.


Attorney(s) appearing for the Case

Mark Stevens, George Scharmen, Allen Cazier, Clarence Williams, San Antonio, Tex., for petitioner-appellant.

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

Before GEE, KING and DAVIS, Circuit Judges.


PER CURIAM:

For the reasons stated in its "Memorandum Opinion and Order" filed today, we affirm the denial of relief by the trial court. Franklin's third attempt to obtain habeas relief presents no more than one warmed-over variation on a claim made earlier and denied plus two claims long known — both as to law and factual bases — and inexplicably withheld from previous petitions.

We add only that it is plain our repeated admonitions to counsel...

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