WEST v. JOHNSON

No. 88-6108.

92 F.3d 1385 (1996)

Robert Wallace WEST, Jr., Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 19, 1996.


Attorney(s) appearing for the Case

Eden Elizabeth Harrington, Texas Resource Center — Austin, Austin, TX, James O. Rebholz, Milwaukee, WI, Paul R. Bottei, Texas Resource Center, Austin, TX, for Petitioner-Appellant.

Robert S. Walt, Austin, TX, William Charles Zapalac, Asst. Atty. Gen., Office of the Attorney General for the State of Texas, Austin, TX, for Respondent-Appellee.

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


GARWOOD, Circuit Judge:

Robert Wallace West, Jr. (West) appeals the district court's denial of his petition under 28 U.S.C. § 2254 challenging his February 1983 Texas conviction and death sentence for the August 1982 intentional murder of Deanna Klaus while in the course of committing or attempting to commit burglary of her motel room, contrary to Texas Penal Code § 19.03(a)(2). We previously granted a certificate of probable cause. We now affirm.

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