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EARVIN v. LYNAUGH

No. 87-6041.

860 F.2d 623 (1988)

Harvey EARVIN, Petitioner-Appellant, v. James A. LYNAUGH, Director of the Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 10, 1988.

Attorney(s) appearing for the Case

Will Gray, Houston, Tex., for petitioner-appellant.

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

Before CLARK, Chief Judge, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

A jury convicted Harvey Earvin of capital murder on August 25, 1977, and sentenced him to death. After exhausting his appeals in the state court, he petitioned the United States District Court for the Eastern District of Texas for a writ of habeas corpus which was denied on September 3, 1987. He then appealed to this Court. On appeal, he claims that he was denied effective assistance of counsel...

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