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JOHNSON v. McCOTTER

No. 86-1219. Summary Calendar.

803 F.2d 830 (1986)

R. Wayne JOHNSON, Petitioner-Appellant, v. O.L. McCOTTER, Director of Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 31, 1986.

Attorney(s) appearing for the Case

R. Wayne Johnson, pro se.

David B. Fannin, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, RANDALL and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

In 1978 Ronald Wayne Johnson was convicted of aggravated rape by a jury in Texas and was sentenced to serve ninety-nine years. On direct appeal, the Texas Court of Criminal Appeals affirmed his conviction.

In 1984 Johnson filed a pro se § 2254 petition alleging that (1) the evidence was insufficient to support his conviction; (2) the state court jury charge was fundamentally defective; (3) his court-appointed trial counsel was ineffective...

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