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JONES v. ESTELLE

No. 82-2138.

722 F.2d 159 (1983)

Charles JONES, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 23, 1983.

Attorney(s) appearing for the Case

Thomas B. Taylor, Otha T. Carpenter, Houston, Tex. (Court appointed), for petitioner-appellant.

Charles Jones, pro se.

Linda Marshall, Asst. Atty. Gen., Houston, Tex., Paula C. Offenhauser, Leslie A. Benitez, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we strike at two uncertainties often present when a prisoner seeks to avoid dismissal of his claim made for the first time in a successive petition for writ of habeas corpus. We decide that in the prosecution of a federal habeas petition a petitioner is bound by the knowledge chargeable to his competent habeas counsel. We decide that the sole fact that the new claims were not exhausted when the earlier federal writ was...

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