PROCTOR v. COCKRELL

No. 00-20698.

283 F.3d 726 (2002)

Aaron Dwayne PROCTOR, and Jonathon L. Lemell, Petitioners-Appellants, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 2002.


Attorney(s) appearing for the Case

Michael B. Charlton (argued), Houston, TX, for Petitioners-Appellants.

Charles A. Palmer, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and DAVIS and MAGILL, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Aaron Proctor and Jonathon Lemell appeal from the district court's denial of their petitions for writs of habeas corpus under 28 U.S.C. § 2254. Petitioners argue that the Texas Court of Criminal Appeals' retroactive application of a new judicial interpretation of Texas law shifting the burden of proof to the defendant to establish the statute of limitations as a defense violates the Due Process Clause of the Fourteenth Amendment...

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