Ronald Clark O'Bryan v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

RANDALL, Circuit Judge:

Ronald Clark O’Bryan was convicted of the murder of his own child in a Texas state court in 1974 and sentenced to die. On appeal from the federal district court’s denial of habeas corpus relief, 28 U.S.C. § 2254 (1976), the defendant contends:(1) that the exclusion of three jurors who expressed conscientious objections to the death penalty violated the rule of *369Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968);(2) that the Texas death penalty procedure is unconstitutional because it does not provide for jury instructions concerning mitigating…