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HERMAN v. JOHNSON

No. 96-10367.

98 F.3d 171 (1996)

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

United States Court of Appeals, Fifth Circuit.

October 10, 1996.

Attorney(s) appearing for the Case

Jack V. Strickland, Fort Worth, TX, Robert Franklin Ford, Fort Worth, TX, for petitioner-appellant.

Dana Emmert Parker, Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Before DUHÉ, WEINER and STEWART, Circuit Judges.

DUHÉ, Circuit Judge:

David Lee Herman, sentenced to death for the murder of Jennifer Burns, seeks to appeal the district court's denial of his petition for writ of habeas corpus. We dismiss his appeal.

I. Background

While robbing the Lace Club in Arlington, Texas, David Lee Herman shot three people. One of the three, Ms. Burns, died. Before Herman's trial for capital murder, his attorney asked the state trial judge to submit a fourth...

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