AVERY v. PROCUNIER

No. 83-1761.

750 F.2d 444 (1985)

J.A. AVERY, Jr., Petitioner-Appellant, v. Raymond K. PROCUNIER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1985.


Attorney(s) appearing for the Case

Law Offices of Arthur J. Brender, Jr., Arthur J. Brender, Jr. (Court-Appointed), Fort Worth, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before TIMBERS, POLITZ and RANDALL, Circuit Judges.


POLITZ, Circuit Judge:

J.A. Avery, Jr. appeals a denial of habeas corpus relief, 28 U.S.C. § 2254, contending that the district court erred in (1) denying his claim of ineffective assistance of counsel, (2) finding the use of perjured testimony constitutionally permissible, (3) applying Stone v. Powell to bar the complaint of illegal arrest and seizure of evidence, (4) denying the claim of self-incrimination, and (5) applying Rule 9(a) of the Rules Governing...

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