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JACKSON v. JOHNSON

No. 98-40881.

217 F.3d 360 (2000)

Stevie Don JACKSON, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 21, 2000.

Attorney(s) appearing for the Case

Stevie Don Jackson, Beeville, TX, pro se.

Edwin Sullivan, Austin, TX, for Johnson.

Before WIENER and STEWART, Circuit Judges, and LITTLE, District Judge.

WIENER, Circuit Judge:

Petitioner-Appellant Stevie Don Jackson was convicted of aggravated assaulted in Texas state court. After his application for a federal writ of habeas corpus was denied by the district court, we granted a certificate of appealability on the issue "whether Jackson's attorney rendered ineffective assistance of counsel because he failed to file a timely motion for rehearing from Jackson's first appeal of right." Concluding that the failure of Jackson...

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