FELDER v. JOHNSON

No. 98-20575.

180 F.3d 206 (1999)

Sam FELDER, Jr., also known as Sammie Felder, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1999.


Attorney(s) appearing for the Case

Michael P. Bowen, Jay S. Topkis, Elizabeth Danya Perry, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Petitioner-Appellant.

Douglas A. Danzeiser, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, JONES and DENNIS, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Sam Felder, a death row prisoner in Texas, appeals the district court's denial of his petition for a writ of habeas corpus. He raises numerous issues, three of which are discussed in depth in this opinion. First, Felder challenges the constitutionality of the "Texas waiver rule," which— until it was abrogated last year—treated a criminal defendant's admission of guilt during the punishment phase of his trial as a guilty...

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