PERILLO v. JOHNSON

No. 94-20759.

79 F.3d 441 (1996)

Pamela Lynn PERILLO, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1996.


Attorney(s) appearing for the Case

Gerard A. Desrochers, Baker & Botts, Houston, TX, Robin Elizabeth Curtis, Houston, TX, for petitioner-appellant.

Dana Emmert Parker, Assistant Attorney General, Dan Morales, Attorney General, Margaret Portman Griffey, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

Pam Perillo was found guilty of murder and sentenced to death by a Texas court. She filed a federal petition for writ of habeas corpus, 28 U.S.C. § 2254, asserting that her conviction was wrongful because her attorney was simultaneously representing a key prosecution witness.1 The federal district court refused to allow any discovery or an evidentiary hearing and granted summary judgment denying the writ. Perillo...

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