Legal Opinion

Johnny Frank Garrett v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent

Court of Appeals for the Fifth Circuit

Decided March 31, 1988No. 87-1680PublishedCited by 5 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Petitioner, Johnny Frank Garrett, appeals from the denial of his habeas corpus petition under 28 U.S.C. § 2254. Garrett is under a sentence of death on his conviction for murder committed during the course of rape and burglary. The district court denied habeas relief but granted a stay of execution and a certificate of probable cause. After thorough consideration of petitioner’s contentions, we affirm the denial of the writ of habeas corpus and dissolve the stay of execution.

I

The nude body of Sister Tadea Benz was found in her bedroom on the second floor of the…

2Cases cited3 opinions

  1. California v. TrombettaSupreme Court of the United States · 1984
  2. McDonald v. MissouriSupreme Court of the United States · 1985
  3. Garrett v. StateCourt of Criminal Appeals of Texas · 1984

3Cited by5 opinions

  1. Johnny Frank Garrett v. James A. Collins, Director, Texas Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1992
  2. Kowalak v. ScuttDistrict Court, E.D. Michigan · 2010
  3. State v. BarnesSupreme Court of Rhode Island · 2001
  4. United States v. AndersonDistrict Court, District of Columbia · 2016
  5. People v. WartenaSupreme Court of Colorado · 2007

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