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SPENCE v. JOHNSON

Nos. 94-20212, 94-20213.

80 F.3d 989 (1996)

David Wayne SPENCE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 1996.

Attorney(s) appearing for the Case

Raoul D. Schonemann, Kenneth D. Driggs, Robert C. Owen, Eden Harrington, Joel David Schwartz, Texas Resource Center, Austin, TX, J. Patrick Wiseman (Court-appointed), Wiseman, Durst & Tuddenham, Austin, TX, for appellant.

William C. Zapalac, Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before POLITZ, Chief Judge, and DAVIS and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In 1982, David Wayne Spence tortured and stabbed to death three teenagers in Waco, Texas. He has been convicted and sentenced to die for two of the murders in Texas courts and has been denied habeas corpus relief by the federal district court. Spence now seeks relief from this court. We find no reversible error and affirm.

I. FACTS

On the morning of July 13, 1982, Jill Montgomery...

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