MARTINEZ v. JOHNSON

No. 95-21041.

104 F.3d 769 (1997)

Augustine MARTINEZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 6, 1997.


Attorney(s) appearing for the Case

Augustine Martinez, Huntsville, TX, pro se.

Erik E. Cary, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Before WISDOM, JONES and WIENER, Circuit Judges.


WISDOM, Circuit Judge:

Augustine Martinez was convicted in Texas state court of aggravated sexual assault upon his eight-year-old daughter. His conviction was affirmed on direct appeal and his request for state habeas corpus relief was denied without written order.

On April 20, 1995, Martinez, proceeding pro se, filed a copy of his state habeas petition as a petition for a writ under 28 U.S.C. § 2254. Martinez included in his petition a "Petition for...

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