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LINCECUM v. COLLINS

No. 90-2142.

958 F.2d 1271 (1992)

Kavin Wayne LINCECUM, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1992.

Attorney(s) appearing for the Case

Christopher H. Kallaher, Michael J. Gonring, Milwaukee, Wis. (Court-appointed), for petitioner-appellant.

Joan C. Barton, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before KING, JOLLY, and JONES, Circuit Judges.

KING, Circuit Judge:

Kavin Wayne Lincecum, a Texas prisoner under a sentence of death, appeals the dismissal of his petition for a writ of habeas corpus. Although Lincecum raised 18 claims in the district court, his appeal involves only three issues: (1) whether the state trial court erred in refusing to give his requested instruction on the lesser included offenses of murder and voluntary manslaughter; (2) whether the district...

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