DeLUNA v. LYNAUGH

No. 89-6262.

890 F.2d 720 (1989)

Carlos DeLUNA, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected January 12, 1990.


Attorney(s) appearing for the Case

R.K. Weaver, Dallas, Tex., for petitioner-appellant.

William C. Zapalac, Asst. Atty. Gen., Enforcement Div., Austin, Tex., for respondent-appellee.

Before POLITZ, WILLIAMS and JONES, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Appellant, Carlos DeLuna, was convicted of capital murder and sentenced to death by lethal injection. On direct appeal, the Texas Court of Criminal Appeals affirmed the conviction and the sentence. See, DeLuna v. State, 711 S.W.2d 44 (Tex.Crim.App.1986).

In a prior habeas corpus proceeding, this Court considered appellant's claims (1) that he received inadequate assistance of counsel...

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