CLARK v. COLLINS

No. 91-2026.

19 F.3d 959 (1994)

Herman Robert Charles CLARK, Jr., Petitioner-Appellee Cross-Appellant, v. James A. COLLINS, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 1994.


Attorney(s) appearing for the Case

William C. Zapalac, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, TX, for appellant.

Louis H. Salinas, Jr., Butler & Binion, Houston, TX, for appellee.

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


POLITZ, Chief Judge:

The State of Texas appeals a grant of habeas corpus relief to Herman Robert Charles Clark, Jr., vacating the death sentence imposed on him due to a violation of Penry v. Lynaugh.1 Clark cross-appeals, challenging the denial of postconviction relief on 14 other grounds. We affirm in part, reverse in part, and remand with instructions to deny the writ.

Background

At approximately 3:00...

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