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  5. 832 S.W.2d 44 (1992)
 

EX PARTE KELLY

No. 71008.

832 S.W.2d 44 (1992)

Ex parte Carl Eugene KELLY.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 15, 1992.

Attorney(s) appearing for the Case

John Barrett, Austin, for appellant.

Paul E. Gartner, Jr., Dist. Atty., and Tanya Boyce Dohoney and E. Crawford Long, Asst. Dist. Attys., Waco, Jim Mattox, Former Atty. Gen., and Mary F. Keller, Michael P. Hodge and Margaret Portman Griffey, Asst. Attys. Gen., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

WHITE, Judge.

This is a post conviction application for a writ of habeas corpus filed pursuant to the provisions of TEX.CODE CRIM.PROC. ANN. art. 11.07.

Applicant was convicted of capital murder in 1981 and sentenced to death by the trial judge. This Court affirmed applicant's conviction and sentence on direct appeal. Kelly v. State, 669 S.W.2d 720 (Tex.Cr.App.1984). After the decision in Franklin...

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