Hollis G. Byrd v. Dan v. McKaskle Acting Director Texas Department of Corrections

JOHNSON, Circuit Judge:

Appellant Hollis G. Byrd is in the custody of the State of Texas pursuant to a 30-year sentence resulting from his 1974 conviction for “robbery with firearms.” Tex.Penal Code Ann. art. 1408 (Vernon 1925). On appeal from the district court’s denial of habeas corpus relief, Byrd presents this Court with three claims of alleged constitutional deprivation. Specifieally, Byrd contends that he was subjected to prosecutorial vindictiveness, that his due process rights were violated when two jurors from a former trial testified at the punishment phase of his 1974 trial, and…