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SELVAGE v. COLLINS

No. 88-2278.

972 F.2d 101 (1992)

John Henry SELVAGE, Petitioner-Appellee-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant-Appellee.

United States Court of Appeals, Fifth Circuit.

Order on Petition for Rehearing filed October 2, 1992.

Attorney(s) appearing for the Case

Robert S. Walt, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for appellant.

George H. Kendall, Richard H. Burr, III, NAACP Legal Defense and Educ. Fund, New York City, David Cunningham, Houston, Tex., for respondent-appellant-appellee.

Before POLITZ, Chief Judge, HIGGINBOTHAM, and WIENER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I.

We return to the claims of John Henry Selvage including his claim that the jury could not give due expression to his mitigating evidence under the three question submission required at the time of his trial in Texas.1 We rejected Selvage's claims in his second federal habeas petition, because we found that his Penry claims were barred by the absence of a contemporaneous objection...

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