Legal Opinion

Rudd v. Johnson

Court of Appeals for the Fifth Circuit

Decided July 18, 2001No. 00-11173PublishedCited by 55 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Applicant-Appellant Emerson Edward Rudd, a Texas death row inmate, whose petition for habeas corpus relief and request for a Certificate of Appealability (“COA”) were both denied by the federal district court, now seeks a COA from this Court pursuant to 28 U.S.C. § 2253(c)(2). For the reasons set forth below, we deny Rudd’s application for a COA.

I. BACKGROUND

On the evening of September 2, 1988, Rudd and three others robbed a Captain D’s restaurant in Dallas, Texas. During the course of the robbery, Rudd intentionally shot one of the restaurant’s managers when that…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Lindh v. MurphySupreme Court of the United States · 1997
  4. Simmons v. South CarolinaSupreme Court of the United States · 1994
  5. Miller v. JohnsonCourt of Appeals for the Fifth Circuit · 2000

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3Cited by55 opinions

  1. Ronford Lee Styron, Jr. v. Gary L Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2001
  2. Moore v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  3. Martinez v. DretkeDistrict Court, W.D. Texas · 2006
  4. Ford v. CockrellDistrict Court, W.D. Texas · 2004
  5. Maldonado v. ThalerDistrict Court, S.D. Texas · 2009

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

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