JERNIGAN v. COLLINS

No. 92-1415.

980 F.2d 292 (1992)

Joseph Paul JERNIGAN, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 20, 1993.


Attorney(s) appearing for the Case

Mark A. Ticer, Dallas, Tex. (court appointed), for petitioner-appellant.

Joan C. Barton, Asst. Atty. Gen. and Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellee.

Before JOLLY, DAVIS, and SMITH, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In 1981, a jury in Texas state court found Joseph Paul Jernigan guilty of the cold-blooded murder of Edward Hale and made the findings necessary to sentence Jernigan to death. Jernigan now seeks habeas corpus relief under 28 U.S.C. § 2254. He contends that in the absence of certain errors by his counsel and the trial judge, he would not have received the death penalty. Finding no merit in his arguments, the district court granted...

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