James Volanty v. James A. Lynaugh, Director, Texas Department of Corrections

James Volanty, an indigent, was convicted of aggravated robbery and was sen*244tenced to twenty years in prison by a Texas state jury. His conviction was affirmed on direct appeal.1 Yolanty filed a petition for discretionary review and a state habeas corpus petition, both of which were denied.

Having exhausted his state post-conviction remedies, Yolanty brought the federal habeas petition before us now. Volanty alleged ineffective assistance of counsel in that his trial counsel failed to timely move for appointment of a psychiatric expert, and he alleged that he was denied due process in that he…