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GRAHAM v. COLLINS

No. 88-2168.

896 F.2d 893 (1990)

Gary GRAHAM, Petitioner-Appellant, v. James A. COLLINS, Director Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

Douglas M. O'Brien, Houston, Tex., for petitioner-appellant.

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

Before REAVLEY, KING and JOLLY, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

REAVLEY, Circuit Judge:

We have been directed to revisit this case by the Supreme Court, which vacated our prior decision, reported at 854 F.2d 715, and remanded for further consideration in light of Penry v. Lynaugh, ___ U.S. ___, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). The narrow issue we reach on remand is whether under the Texas capital sentencing system a...

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