SELVAGE v. COLLINS

No. 88-2278.

975 F.2d 131 (1992)

John Henry SELVAGE, Petitioner-Appellee-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 2, 1992.


Attorney(s) appearing for the Case

Robert S. Walt, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellant-appellee.

George H. Kendall, Richard H. Burr, III, NAACP Legal Defense and Educ. Fund, New York City, David Cunningham, Houston, Tex., for petitioner-appellee-appellant.

Before POLITZ, Chief Judge, HIGGINBOTHAM, and WIENER, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

John Henry Selvage petitions for rehearing urging that the court erred in determining that his failure to raise "Penry"1 claims in his first habeas petition could not be excused for cause. In holding that the perceived futility of such claims did not render them "unavailable," we relied on precedents establishing that cause will be found only in cases of "new" or "novel" claims having no reasonable...

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