Legal Opinion
Charles Jones v. W.J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided December 23, 1983No. 82-2138PublishedCited by 125 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Today we strike at two uncertainties often present when a prisoner seeks to avoid dismissal of his claim made for the first time in a successive petition for writ of habeas corpus. We decide that in the prosecution of a federal habeas petition a petitioner is bound by the knowledge chargeable to his competent habeas counsel. We decide that the sole fact that the new claims were not exhausted when the earlier federal writ was prosecuted will not automatically excuse their omission.
I
Charles Jones is now serving a life sentence in the Texas state prison…
2Cases cited36 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Jones v. BarnesSupreme Court of the United States · 1983
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Townsend v. SainSupreme Court of the United States · 1963
31 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- McCleskey v. ZantSupreme Court of the United States · 1991
- Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005
- Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1989
- Christy v. HornCourt of Appeals for the Third Circuit · 1997
- Crone v. CockrellCourt of Appeals for the Fifth Circuit · 2003
120 more not listed; retrieve them via the Exa API.