1. Home
  2. Browse Decisions
  3. F.3d
  4. 139 F.3d
  5. 139 F.3d 191 (1997)
 

EMERY v. JOHNSON

No. 96-20826.

139 F.3d 191 (1997)

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

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing April 15, 1998.

Attorney(s) appearing for the Case

Thomas Donald Moran, Leora Teicher Kahn, Schneider & McKinney, Houston, TX, for Petitioner-Appellant.

Meredith Anne Martinez, Assistant Attorney General, Austin, TX, for Respondent-Appellee.

Before KING, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Jeff Emery, proceeding in forma pauperis, appeals the denial of his petition for writ of habeas corpus. Concluding that several of his claims are barred by procedural default and that the others are without merit, we affirm and vacate the stay of execution.

I.

A.

One day in 1979, LaShan Muhlinghaus returned to her apartment and undressed. Unbeknownst to her, Emery, an accomplished burglar, had entered...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases