No. 94-20711.

64 F.3d 223 (1995)

Gary Gordon KOPYCINSKI, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1995.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, TX, for appellant.

M. Carol Healy, William C. Zapalac, Asst. Attys. Gen., Dan Morales, Atty. Gen. of TX, Austin, TX, for appellant.

Before WISDOM, DUHÉ and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge:

Gary Gordon Kopycinski appeals the district court's denial of his petition for writ of habeas corpus. Kopycinski contends that the state suppressed impeachment evidence and failed to disclose false testimony during his murder trial in violation of the Due Process Clause, as construed by Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963), and Napue v. Illinois,

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