MARTINEZ v. JOHNSON

No. 00-40813.

255 F.3d 229 (2001)

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

United States Court of Appeals, Fifth Circuit.

Revised July 20, 2001.


Attorney(s) appearing for the Case

David R. Dow (argued), Dow, Cogburn & Friedman, Andrew A. Hammel, Texas Defender Serv., Houston, TX, for Petitioner-Appellant.

Carla Elaina Eldred (argued), Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.


KING, Chief Judge:

Petitioner-Appellant Johnny Joe Martinez, a Texas death-row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 petition challenging his conviction and death sentence. For the following reasons, we AFFIRM.

I. FACTUAL BACKGROUND

On July 15, 1993, nineteen-year-old Johnny Joe Martinez robbed a convenience store in Corpus Christi, Texas and murdered Clay Peterson, a college student working alone at the store....

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