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BOYLE v. JOHNSON

No. 95-10802.

93 F.3d 180 (1996)

Herbert BOYLE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 16, 1996.

Attorney(s) appearing for the Case

Judith Rochlin, Los Angeles, CA, Cristy Jo McElroy, Canyon, TX, for Petitioner-Appellant.

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

Before KING, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Benjamin Herbert Boyle, sentenced to death for the murder of Gail Lenore Smith, appeals the district court's denial of his petition for writ of habeas corpus. Finding no reversible error, we affirm.

I

Gail Lenore Smith drove with her stepbrother and sister-in-law to a rest stop outside Fort Worth, Texas. Smith planned to obtain a ride from a truck driver in order to visit her mother in Amarillo. She asked her relatives...

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