Legal Opinion
Tucker v. Scott
Court of Appeals for the Fifth Circuit
Decided October 4, 1995No. 95-10194PublishedCited by 4 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
Jeffery Eugene Tucker, a Texas death row inmate, appeals the district court’s interlocutory order that appoints counsel to represent him but limits counsel’s representation to issues that have been exhausted in state court. We dismiss this habeas proceeding without prejudice to allow Tucker to exhaust his state habeas remedies. Further, we relieve counsel of further obligation in this federal proceeding.
I. PROCEDURAL HISTORY
On November 8, 1994, Tucker filed a motion for appointment of counsel in federal district court pursuant to 21 U.S.C. § 848(q)(4)(B) and McFarland…
2Cases cited5 opinions
- McFarland v. ScottSupreme Court of the United States · 1994
- The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander PaytonCourt of Appeals for the Fifth Circuit · 1968
- Sterling v. ScottCourt of Appeals for the Fifth Circuit · 1995
- Max Wayne Hart v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- In Re Orien Cecil JoinerCourt of Appeals for the Fifth Circuit · 1995
3Cited by4 opinions
- Tucker v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
- Gomez v. QuartermanCourt of Appeals for the Fifth Circuit · 2005
- Gomez v. DretkeCourt of Appeals for the Fifth Circuit · 2005
- United States Ex Rel. Whitehead v. PageDistrict Court, N.D. Illinois · 1995