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JOHNSON v. McCOTTER

Civ. A. No. B-85-1624-CA.

635 F.Supp. 685 (1986)

Elliott Rod JOHNSON v. O.L. McCOTTER, Director, Texas Department of Corrections and Jerry Peterson, Warden, Ellis Unit, Texas Department of Corrections.

United States District Court, E.D. Texas, Beaumont Division.

May 23, 1986.

Attorney(s) appearing for the Case

Sam E. Dunn, Dunn and Kelley, Orange, Tex., for petitioner.

Jim Mattox, Atty. Gen. of Texas, Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondents.

MEMORANDUM OPINION

COBB, District Judge.

The petitioner was indicted and convicted of capital murder for killing of Joe Angel Granado while in the course of committing or attempting to commit the offense of armed robbery. In the bifurcated trial as required by Art. 37.071, TEX.CODE CRIM. PROC.ANN. (Vernon 1981), the defendant was found guilty, and the punishment hearing was held, at which the sentence of death was assessed. The petitioner appealed both his...

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