Emery v. Johnson

JERRY E. SMITH, Circuit Judge:

Jeff Emery, proceeding in forma -pauper-is, appeals the denial of his petition for writ of habeas corpus. Concluding that several of his claims are barred by procedural default and that .the others are without merit, we affirm and vacate the stay of execution.

I

A

One day in 1979, LaShan Muhlinghaus returned to her apartment and undressed. Unbeknownst to her, Emery, an accomplished burglar, had entered her apartment using a stolen pass key. When Muhlinghaus entered the apartment, Emery hid in her roommate’s closet.

Muhlinghaus went into her roommate’s bedroom to…