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GARRETT v. LYNAUGH

No. 87-1680.

842 F.2d 113 (1988)

Johnny Frank GARRETT, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 31, 1988.

Attorney(s) appearing for the Case

Jeff Blackburn, Selden Hale, Amarillo, Tex., for petitioner-appellant.

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

Before GEE, JOHNSON, and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner, Johnny Frank Garrett, appeals from the denial of his habeas corpus petition under 28 U.S.C. § 2254. Garrett is under a sentence of death on his conviction for murder committed during the course of rape and burglary. The district court denied habeas relief but granted a stay of execution and a certificate of probable cause. After thorough consideration of petitioner's contentions, we affirm the denial of the writ of...

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