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FISHER v. STATE OF TEXAS

No. 97-50735.

169 F.3d 295 (1999)

Barry Allen FISHER, Petitioner-Appellant, v. STATE OF TEXAS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 1999.

Attorney(s) appearing for the Case

Barry Allen Fisher, Tennessee Colony, TX, pro se.

Michelle Dulany Roche, Dan Morales, Attorney General, Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and REAVLEY and BENAVIDES, Circuit Judges.

KING, Chief Judge:

Barry Fisher appeals the district court's denial of his writ of habeas corpus, in which he alleged that the prosecution's peremptory strike of a venire member based, inter alia, on the venire member's religion violated the Equal Protection Clause. The State of Texas contends on appeal that this court should affirm based on the doctrines of procedural bar or exhaustion of remedies, or pursuant to the prohibition against creating new constitutional...

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