Emery v. Johnson
Emery v. Johnson, 139 F.3d 191 (5th Cir. 1997)
Opinion
123 F.3d 213w
Jeff EMERY, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.
No. 96-20826.
United States Court of Appeals, Fifth Circuit.
Sept. 10, 1997.
NOTE: THE COURT HAS WITHDRAWN THIS OPINION
How later courts describe this case
Explanatory parentheticals written by citing courts — 16 in all; the most informative distinct ones are shown.
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(holding that defendant's right to testify not violated where defendant understood right and attorney did not coerce waiver of the right)
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(holding a futile or meritless objection does not support a claim of ineffective assistance of counsel)
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(explaining that “testimony about the confession was duplicative of [other] testimony” and thus the petitioner “cannot demonstrate that a third source of the same confession would have sufficed to change the result of his trial”)
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(“[F]ailure to assert a merit- less objection cannot be grounds for a finding of deficient performance.”)
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(“A criminal defendant has a constitutional right to testify on his own behalf.” (citation omitted))
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(this court may affirm the district court’s denial of habeas relief on any grounds supported by the record)
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(waiver for failure “to plead procedural bar in the district court”)
Cited by 67 cases
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