Legal Opinion

Johnny James v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

Court of Appeals for the Fifth Circuit

Decided March 25, 1993No. 92-7676PublishedCited by 65 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

Petitioner was convicted of capital murder and sentenced to death. Having exhausted both his direct appeals and state habeas remedies, he now seeks federal relief. The district court denied Petitioner’s application for the writ of habeas corpus. We affirm.

Background

After a jury trial, Petitioner was convicted of capital murder. 1 During the later sentencing phase, the jury answered affirmatively two special issues regarding (1) the deliberateness of James’s actions, and (2) the probability of his future dangerousness to society. See Tex.Code Crim.Proc. Ann. art. 37.071(b)…

2Cases cited25 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Ake v. OklahomaSupreme Court of the United States · 1985
  3. Penry v. LynaughSupreme Court of the United States · 1989
  4. Sumner v. MataSupreme Court of the United States · 1981
  5. Jurek v. TexasSupreme Court of the United States · 1976

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

3Cited by65 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. Clark v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  4. Billy George Hughes v. Gary L. Johnson, Director, Texas Department of Criminal Justice,institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
  5. Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995

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

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