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MONTOYA v. COLLINS

No. 90-7093.

955 F.2d 279 (1992)

Ramon MONTOYA, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 24, 1992.

Attorney(s) appearing for the Case

K. Duff Lewis, Washington, D.C. (Court-appointed), for petitioner-appellant.

Margaret Portman Griffey, Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, Chief Judge, JOLLY and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 24, 1992.

EDITH H. JONES, Circuit Judge:

Petitioner Ramon Montoya was convicted of capital murder after a jury trial in the 282nd Judicial District Court of Dallas County, Texas, and sentenced to death on May 5, 1983. He appealed to the Texas Court of Criminal Appeals, which affirmed his conviction on February 18, 1987, and denied his motion for rehearing on October 28, 1987. Montoya v. State,

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