Legal Opinion

Pedro Muniz v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

Court of Appeals for the Fifth Circuit

Decided May 20, 1997No. 96-50508PublishedCited by 78 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Pedro Muniz, proceeding in forma pauper-is, appeals the denial of his petition for writ of habeas corpus. We vacate the district court’s certificate of probable cause (“CPC”) and remand the entire case to allow the district court to decide whether a certificate of appealability (“COA”), specifying which issues warrant review, should issue.

I

In February 1986, Muniz was convicted of capital murder and sentenced to death for the 1977 murder and rape of a college student. See Muniz v. Texas, 851 S.W.2d 238, 242-43, 246 (Tex.Crim.App.1993). After Muniz unsuccessfully…

2Cases cited10 opinions

  1. Richard Gerry Drinkard v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
  2. Marcus Lozada and Jose Orlando Mieles v. United StatesCourt of Appeals for the Second Circuit · 1997
  3. Charles Edward Hunter v. United States of America, Henry C. Bailey v. John E. Nagle, Warden, Jeff Sessions, Attorney General for the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1996
  4. Larry Lyons v. Ohio Adult Parole AuthorityCourt of Appeals for the Sixth Circuit · 1997
  5. Anthony Porter v. Richard B. Gramley, Warden, Pontiac Correctional CenterCourt of Appeals for the Seventh Circuit · 1997

5 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Whitehead v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  2. Hallmark v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
  3. Lackey v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
  4. Young v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  5. Pedro Cruz Muniz v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998

73 more not listed; retrieve them via the Exa API.

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