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WHITE v. JOHNSON

No. 97-41438.

153 F.3d 197 (1998)

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

United States Court of Appeals, Fifth Circuit.

August 26, 1998.

Attorney(s) appearing for the Case

Lawrence Brown, Fort Worth, TX, for Petitioner-Appellant.

Gena A. Blount, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before KING, DAVIS and WIENER, Circuit Judges.

KING, Circuit Judge:

Petitioner-appellant Robert Excell White, a Texas death row inmate convicted of capital murder, appeals the district court's denial of his petition for a writ of habeas corpus. White contends that the district court erred in denying his petition because the trial court violated the mandate of Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), by denying his motion for the appointment of a...

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