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VANDERBILT v. LYNAUGH

Civ. A. No. B-82-912-CA.

683 F.Supp. 1118 (1988)

Jim VANDERBILT, Petitioner, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent.

United States District Court, E.D. Texas, Beaumont Division.

March 1, 1988.

Attorney(s) appearing for the Case

B. Warren Goodson, Jr., and Stephen S. Walley, Beaumont, Tex., for petitioner.

Jim Vanderbilt, pro se.

Robert Walt, Asst. Atty. Gen., Austin, Tex., for respondent.

MEMORANDUM OPINION

JUSTICE, Chief Judge.

In 1979 petitioner was convicted, and sentenced to die, for the April 1, 1975, capital murder of Katina Moyer. The circumstances of the crime are set forth in Vanderbilt v. State, 629 S.W.2d 709 (Tex. Cr.App.1981), cert. denied, 456 U.S. 910, 102 S.Ct. 1760, 72 L.Ed.2d 169 (1982), and will not be repeated here. Petitioner was indicted three times for the Moyer killing...

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