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LACKEY v. SCOTT

No. 93-8529.

28 F.3d 486 (1994)

Clarence LACKEY, Petitioner-Appellant, v. Wayne SCOTT, Director, Director, Texas Department of Criminal Justice Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied August 30, 1994.

Attorney(s) appearing for the Case

Robert G. Estrada, Felicia Godwin, Wichita Falls, TX, for appellant.

John Jacks, Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before JOLLY, DUHÉ, and BARKSDALE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 30, 1994.

DUHÉ, Circuit Judge:

Clarence Lackey, a Texas death row inmate, appeals the district court's decision denying his petition for writ of habeas corpus. We affirm.

BACKGROUND

In 1983, a Texas jury found Clarence Lackey guilty of capital murder.1 At the punishment phase of the trial, the jury answered...

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