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KING v. LYNAUGH

No. 86-2006.

850 F.2d 1055 (1988)

Leon Rutherford KING, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 27, 1988.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, Tex., for petitioner-appellant.

Sutherland, Asbill & Brennan, David T. Shelledy, Willard K. Tom, Francis M. Gregory, Jr., Washington, D.C., for amicus curiae — May.

Charles A. Palmer, Austin, Tex., for respondent-appellee.

Marvin L. White, Jr., Asst. Atty. Gen., Jackson, Miss., for amicus curiae — State of Miss.

Before CLARK, Chief Judge, and GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The issue before our Court en banc is whether a capital murder defendant is constitutionally entitled to question prospective jurors about their understanding of Texas parole law. We conclude that the Constitution does not require such an inquiry, and accordingly we vacate the prior panel opinion to the contrary and deny petitioner's application for a writ of habeas corpus.1

BACKGROUND

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