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KELLY v. LYNAUGH

No. 87-1520.

862 F.2d 1126 (1988)

Carl Eugene KELLY, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 1988.

Attorney(s) appearing for the Case

John T. Barrett, Jr., Austin, Tex., for petitioner-appellant.

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

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Sentenced to death by the State of Texas, Carl Eugene Kelly seeks federal relief in this, his first request for federal habeas. The United States District Court granted the State's motion for summary judgment and denied the writ. We affirm.

I

A

Carl Eugene Kelly was convicted of the capital murder of Steven Pryor, a convenience store clerk in Waco, Texas. The jury found Kelly guilty on June 4, 1981, and the next day answered...

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