Court of Appeals for the Fifth Circuit January 13, 1992, 91-6239 (Justin Lee May v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division)

KING, Circuit Judge:

Justin Lee May, a Texas prisoner, is scheduled to be executed before dawn on November 26, 1991. In this, his second federal habeas petition, he contends that the Texas capital sentencing statute, as applied at the time of his trial, deprived him of his Sixth Amendment right to counsel by forcing his counsel to make a tactical decision to withhold mitigating evidence of brain