CREEL v. JOHNSON

No. 97-50606.

162 F.3d 385 (1998)

Lynn Murphy CREEL, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 23, 1998.


Attorney(s) appearing for the Case

Henry Joseph Bemporad, San Antonio, TX, for Petitioner-Appellant.

Charles A. Palmer, Austin, TX, for Respondent-Appellee.

Before POLITZ, Chief Judge, and EMILIO M. GARZA and STEWART, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Lynn Murphy Creel appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. A Texas jury convicted Creel of capital murder and sentenced him to life imprisonment. He argues that the district court erred in ruling (1) that a lesser-included-offense instruction was not warranted; (2) that undisclosed perjury of a witness was not material to his case; (3) that the state did not violate his...

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