HOGUE v. JOHNSON

No. 95-10160.

131 F.3d 466 (1997)

Jerry Lee HOGUE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1997.


Attorney(s) appearing for the Case

John H. Blume, Columbia, SC, for Petitioner-Appellant.

Douglas A. Danzeiser, Gary L. Johnson, Austin, TX, for Respondent-Appellee.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.


GARWOOD, Circuit Judge:

Petitioner-appellant Jerry Lee Hogue (Hogue) appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254 challenging his 1980 Texas conviction and death sentence for murder committed while committing arson. Hogue's primary complaint on appeal is that the admission in evidence at the punishment phase of his trial of a 1974 Colorado guilty plea rape conviction, which in 1994 a Colorado court set aside finding...

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