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NARVAIZ v. JOHNSON

No. 97-50312.

134 F.3d 688 (1998)

Leopoldo NARVAIZ, Jr., Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 1998.

Attorney(s) appearing for the Case

Gregory Burr Macaulay, Oakton, VA, for Petitioner-Appellant.

John Dury Jacks, Austin, TX, for Respondent-Appellee.

Before JOLLY, DUHÉ and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Leopoldo Narvaiz, Jr., in 1988 convicted in Texas state court of capital murder and sentenced to death, appeals the denial of federal habeas relief, claiming two errors in sentencing: (1) the voluntary intoxication jury instruction, pursuant to TEX. PENAL CODE § 8.04(b), is unconstitutional, facially and as applied, because it prohibits the jury from considering mitigating evidence of voluntary intoxication unless the intoxication...

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