CLAY v. LYNAUGH

No. 87-1521.

849 F.2d 908 (1988)

David Franklin CLAY, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1988.


Attorney(s) appearing for the Case

David W. Coody, Dallas, Tex., Ken J. McLean, Houston, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Charles R. Hall, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, KING, and WILLIAMS, Circuit Judges.


PER CURIAM:

David Franklin Clay, a prisoner in the custody of the Texas Department of Corrections, sought a writ of habeas corpus in federal court on the ground that his conviction for aggravated rape violated the due process clause of the United States Constitution. In December, 1977, a Texas jury convicted Clay of aggravated kidnapping and aggravated rape. Clay charged that, because the two offenses arose out of a single criminal transaction, the second conviction...

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