MUNIZ v. JOHNSON

No. 96-50508.

114 F.3d 43 (1997)

Pedro MUNIZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 1997.


Attorney(s) appearing for the Case

Faison T. Sessoms, Minneapolis, MN, Elizabeth A. Cohen, Austin, TX, for Petitioner-Appellant.

John Dury Jacks, Austin, TX, for Respondent-Appellee.

Before SMITH, BARKSDALE and DeMOSS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Pedro Muniz, proceeding in forma pauperis, appeals the denial of his petition for writ of habeas corpus. We vacate the district court's certificate of probable cause ("CPC") and remand the entire case to allow the district court to decide whether a certificate of appealability ("COA"), specifying which issues warrant review, should issue.

I.

In February 1986, Muniz was convicted of capital murder and sentenced...

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