Legal Opinion
Gary Graham v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
Court of Appeals for the Fifth Circuit
Decided August 28, 1996No. 93-2614PublishedCited by 70 opinions
1Per curiam
Petitioner-appellant Gary Graham (Graham), convicted in Texas court of the capital murder during robbery of Bobby Lambert and sentenced to death, appeals the district court’s denial of his third habeas petition under 28 U.S.C. § 2254. 1 We conclude that Graham has not adequately exhausted his state remedies as required by section 2254(b) & (c), and, despite the state’s having waived exhaustion below, we determine, in the exer cise of our discretion, not to accept the waiver, and we accordingly vacate the district court’s judgment and remand the case to the district court with directions to…
2Cases cited31 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Teague v. LaneSupreme Court of the United States · 1989
- Herrera v. CollinsSupreme Court of the United States · 1993
- Penry v. LynaughSupreme Court of the United States · 1989
- Granberry v. GreerSupreme Court of the United States · 1987
26 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Dennis Thurl Dowthitt v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2000
- Kenneth Wayne Magouirk v. Michael Phillips, Warden, Winn Correctional Center and Richard P. Ieyoub, Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1998
- Fisher v. State of TexasCourt of Appeals for the Fifth Circuit · 1999
- Christy v. HornCourt of Appeals for the Third Circuit · 1997
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
65 more not listed; retrieve them via the Exa API.