BARBER v. JOHNSON

No. 97-10725.

145 F.3d 234 (1998)

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

United States Court of Appeals, Fifth Circuit.

June 23, 1998.


Attorney(s) appearing for the Case

M. David Lindsey, Denver, CO, Lee Edward Christian, Lee & Christian, Fort Collins, CO, for Petitioner-Appellant.

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

Before POLITZ, Chief Judge, and KING and DENNIS, Circuit Judges.


POLITZ, Chief Judge:

Danny Lee Barber invoked 28 U.S.C. § 2254 and sought a writ of habeas corpus, challenging his conviction and death sentence for capital murder. The district court rejected his petition. Barber seeks appellate review,1 contending that the penalty phase testimony by Dr. Clay Griffith relating to the future dangerousness issue violated his fourth, fifth, and fourteenth amendment

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