Legal Opinion

Stephen Ray Nethery v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

Court of Appeals for the Fifth Circuit

Decided July 21, 1993No. 92-1742PublishedCited by 58 opinions

1Opinion of the Court

POLITZ, Chief Judge:

Stephen Ray Nethery was convicted of capital murder and sentenced to death by the Texas state court. With all direct appeals and collateral state reviews exhausted he seeks federal habeas relief. The district *1156court denied his application and refused to grant a certificate of probable cause for appeal. We granted CPC. For the reasons assigned, we affirm.

Background

On the evening of February 22, 1981, Nethery met a woman in a Dallas bar. They consumed several strong drinks and he persuaded her to leave the bar with him to go to a secluded spot to smoke marihuana. They drove…

2Cases cited36 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Arizona v. FulminanteSupreme Court of the United States · 1991

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

3Cited by58 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. West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
  3. Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  4. Norman Evans Green v. Gary L. Johnson, Director, Texas Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
  5. Perillo v. JohnsonCourt of Appeals for the Fifth Circuit · 1996

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

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