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MAY v. COLLINS

No. 91-6273.

955 F.2d 299 (1992)

Justin Lee MAY, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 26, 1992.

Attorney(s) appearing for the Case

Barbara Lowe, Houston, Tex., David T. Shelledy, Willard K. Tom, Francis M. Gregory, Jr., Sutherland, Asbill & Brennan, Washington, D.C., for petitioner-appellant.

Dana Parker, Asst. Atty. Gen., Dan Morales, Atty. Gen., Bob Walt, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before KING, JOLLY and SMITH, Circuit Judges.

KING, Circuit Judge:

In a line of cases dating back to 1983, this court has considered the circumstances under which state trial court findings of fact made solely in reliance on written affidavits are entitled to a presumption of correctness in federal habeas proceedings.1 In this, Justin Lee May's third federal habeas corpus petition, the district court concluded that factfindings made by a state trial court were entitled to deference...

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