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RUSSELL v. LYNAUGH

No. 88-6010.

892 F.2d 1205 (1989)

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

United States Court of Appeals, Fifth Circuit.

December 8, 1989.

Attorney(s) appearing for the Case

David Cunningham, Houston, Tex., for petitioner-appellant.

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

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this death penalty case we will not dwell on the sordid facts proved in the petitioner's conviction for capital murder. Suffice it to say that James Russell murdered Thomas Stearns, a crucial witness against him in an unrelated robbery for which he was about to be tried, and that the murder was especially mean and vile, involving kidnapping and rape. As is usually true in most of these death penalty cases, Russell's innocence is not...

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