WHITE v. JOHNSON

No. 96-40978.

180 F.3d 648 (1999)

Larry Joe WHITE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 1999.


Attorney(s) appearing for the Case

Larry Joe White, Huntsville, TX, pro se.

Ross Rayburn, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

Texas prisoner Larry Joe White appeals from the district court's judgment denying White's 28 U.S.C. § 2254 petition for writ of habeas corpus. White is before the Court pro se and in forma pauperis. White claims that trial counsel failed to inform him of his appellate rights, thereby depriving him of the right to appeal. White seeks permission to file an out-of-time appeal.

The district court relied upon state court fact findings...

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