COOK v. LYNAUGH

No. 85-1705.

821 F.2d 1072 (1987)

John Lee COOK, Petitioner-Appellant, v. James A. LYNAUGH, Interim Director, Texas Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 1987.


Attorney(s) appearing for the Case

Mark D. Manela, c/o Weil, Gotshal & Manges, Houston, Tex., (Court appointed), for petitioner-appellant.

John Lee Cook, pro se.

C. Rex Hall, Jr., Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, RANDALL and JOHNSON, Circuit Judges.


RANDALL, Circuit Judge:

John Lee Cook appeals the denial of his petition for a writ of habeas corpus. He contends that the district court should not have dismissed his petition as delayed and that the district court erred in finding that he had waived his objections to a prior conviction. He also asserts that his counsel was ineffective at his state trial. We reverse the judgment of the district court.

I.

On July 21, 1982, a jury found Cook guilty...

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