JOHNSON v. McCOTTER

No. 86-2404.

804 F.2d 300 (1986)

Elliott Rod JOHNSON, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Jerry Peterson, Warden, Ellis Unit Texas Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

November 12, 1986.


Attorney(s) appearing for the Case

Dunn & Kelley, Sam Dunn, Orange, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.

Before CLARK, Chief Judge, WILLIAMS and HIGGINBOTHAM, Circuit Judges.


CLARK, Chief Judge:

Elliot Rod Johnson appeals to this court from the district court's denial of federal habeas corpus relief. We affirm the denial of relief and dissolve the stay of execution issued by this court.

Johnson was convicted of capital murder for the killing of Joe Angel Granado while in the course of committing or attempting to commit the offense of armed robbery. He was sentenced to death at the punishment...

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