Legal Opinion
Augustine Martinez v. Gary L. Johnson, Director, Texas Dept. Of Criminal Justice, Institutional Division
Court of Appeals for the Fifth Circuit
Decided March 6, 1997No. 95-21041PublishedCited by 212 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
Augustine Martinez was convicted in Texas state court of aggravated sexual assault upon his eight-year-old daughter. His conviction was affirmed on direct appeal and his request for state habeas corpus relief was denied without written order.
On April 20, 1995, Martinez, proceeding pro se, filed a copy of his state habeas petition as a petition for a writ under 28 U.S.C. § 2254. Martinez included in his petition a “Petition for Discovery to Produce the Entire Record”, which he had apparently filed in state court. He also included excerpts from the state trial record…
2Cases cited7 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Harris v. NelsonSupreme Court of the United States · 1969
- Edward Donald McCullough v. James A. Lynaugh, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1988
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- John Batterton v. The Texas General Land OfficeCourt of Appeals for the Fifth Circuit · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by212 opinions
- Jernard Griggs v. S.G.E. Management, L.L.C.Court of Appeals for the Fifth Circuit · 2018
- St. Paul Mercury Insurance v. Fair Grounds Corp.Court of Appeals for the Fifth Circuit · 1997
- Tina Alexander v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 2017
- Hicks v. BryschDistrict Court, W.D. Texas · 1997
- Jones v. Central BankCourt of Appeals for the Fifth Circuit · 1998
207 more not listed; retrieve them via the Exa API.