Legal Opinion
Franklin D. Murphy v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
Court of Appeals for the Fifth Circuit
Decided March 27, 1997No. 96-40987PublishedCited by 56 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Franklin Murphy, proceeding pro se and in forma pauperis, appeals the dismissal, for failure to exhaust state remedies, of his petition for writ of habeas corpus. Concluding that he has failed to make a substantial showing of the denial of a constitutional right, we deny him a certificate of appealability (“COA”).
I
In 1994, Murphy was convicted of auto theft and sentenced to life imprisonment on the basis of two prior convictions. In the district court, Murphy raised several challenges to this conviction: (1) He witnessed the district attorney kidnap, rape, and…
2Cases cited6 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Richard Gerry Drinkard v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
- John Christopher Sawyers v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
- Sterling v. ScottCourt of Appeals for the Fifth Circuit · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Whitehead v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Morris v. HornCourt of Appeals for the Third Circuit · 1999
- Stringer v. WilliamsCourt of Appeals for the Fifth Circuit · 1998
- Robison v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
51 more not listed; retrieve them via the Exa API.