United States Fifth Circuit

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Johnson v. Quarterman, 04-11457

Denial of a pro se 28 U.S.C. section 2254 petition challenging convictions and sentences for drug-related offenses is reversed where: 1) petitioner did not waive his challenge on an exhaustion issue; and 2) on the merits, on direct appeal petitioner did exhaust a claim that his lawyer was ineffective for failing to challenge a warrant's validity on the grounds that police officers illegally added his name.

Appellate Information

  • Decided 02/12/2007
  • Published 02/13/2007

Judges

  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, SMITH and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Leon Johnson, Richmond, TX, pro se., Sallie Christian-Carnal, S. Michael Bozarth, Asst. Atty. Gen., Austin, TX, for Quarterman.