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MAY v. COLLINS

No. 91-6239.

948 F.2d 162 (1991)

Justin Lee MAY, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied January 13, 1992.

Attorney(s) appearing for the Case

Barbara Lowe, Houston, Tex., Francis M. Gregory, Jr., David T. Shelledy, Willard K. Tom, Sutherland, Asbill & Brennan, Washington, D.C., for petitioner-appellant.

Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellee.

Before KING, JOLLY and SMITH, Circuit Judges.

Certiorari Denied January 13, 1992. See 112 S.Ct. 907.

KING, Circuit Judge:

Justin Lee May, a Texas prisoner, is scheduled to be executed before dawn on November 26, 1991. In this, his second federal habeas petition, he contends that the Texas capital sentencing statute, as applied at the time of his trial, deprived him of his Sixth Amendment right to counsel by forcing his counsel to make a tactical decision to withhold mitigating evidence of brain damage...

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