FLEMING v. COLLINS

No. 88-1334.

917 F.2d 850 (1990)

Joe Freddie FLEMING, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1990.


Attorney(s) appearing for the Case

Joe Freddie Fleming, Rosharon, Tex., pro se.

S. Michael Bozarth, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, WILLIAMS and JONES, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

As a result of a 1979 bungled bank robbery, Joe Freddie Fleming was convicted in Texas state court of aggravated robbery and sentenced to forty years imprisonment. He petitions for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, attacking his conviction. After examining Fleming's claims, the district court denied relief. We find that the trial court erred by permitting the introduction of evidence obtained in violation...

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