Robert Excell White v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

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 psychiatrist to aid him during the sentencing phase of his trial, thereby denying him due process of law and rendering the assistance provided by his trial counsel…