MADDEN v. COLLINS

No. 92-8575.

18 F.3d 304 (1994)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 28, 1994.


Attorney(s) appearing for the Case

William F. Carter, Madisonville, TX, for petitioner-appellant.

Joan C. Barton, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for respondent-appellee.

Before JONES, DUHÉ, and WIENER, Circuit Judges.


WIENER, Circuit Judge:

In this petition for writ of habeas corpus, Petitioner-Appellant Robert Madden challenges the constitutionality of the Texas special issues as applied to him, as well as comments made by the state in closing arguments. We conclude that Madden's evidence does not fall within the ambit of Penry and thus he was not entitled to additional jury instructions. Similarly, we find no merit in Madden's contentions that various comments by the prosecutor...

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