Legal Opinion
Whitehead v. Johnson
Court of Appeals for the Fifth Circuit
Decided October 15, 1998No. 98-10422PublishedCited by 210 opinions
1Per curiam
Petitioner-Appellant James Edward Whitehead seeks a certificate of appealability (COA) to appeal the dismissal without prejudice of his 28 U.S.C. § 2254 application, as proeedurally barred for failure to exhaust state remedies pursuant to 28 U.S.C. § 2254(b)(1)(A). For the reasons hereafter explained, we grant COA, vacate the procedural ruling of the district court, and remand to that court for it to consider Whitehead’s habeas claim.
I
FACTS AND PROCEEDINGS
In 1982 Whitehead was convicted in state court of injury to a child and aggravated assault and was sentenced to two 20-year sentences,…
2Cases cited10 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Jonathan Wayne Nobles v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
- Clarke v. StalderCourt of Appeals for the Fifth Circuit · 1998
- Freddie Richardson v. Raymond K. Procunier, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by210 opinions
- Joe Mario Trevino, Jr. v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Morris v. HornCourt of Appeals for the Third Circuit · 1999
- Fisher v. State of TexasCourt of Appeals for the Fifth Circuit · 1999
- Mercadel v. CainCourt of Appeals for the Fifth Circuit · 1999
- Crone v. CockrellCourt of Appeals for the Fifth Circuit · 2003
205 more not listed; retrieve them via the Exa API.