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JOHNSON v. QUARTERMAN

No. 06-70013.

483 F.3d 278 (2007)

Johnny Ray JOHNSON, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 2007.

Attorney(s) appearing for the Case

Janet Seymour Morrow, Hocker, Morrow & Mathews, Spring, TX, Jerome Godinich, Jr., Law Office of Jerome Godinich, Jr., Houston, TX, for Johnson,

Jeremy Craig Greenwell, Austin, TX, for Quarterman.

Before JOLLY, DAVIS and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Johnny Ray Johnson was convicted and sentenced to death for the 1995 capital murder of Leah Joette Smith. In the post-conviction proceedings the Texas courts upheld his conviction and death sentence. In this federal habeas proceeding, the district court denied relief on the ground that Johnson's petition was not timely filed under the filing limitation period of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), and that he...

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