# Joe Angel Cordova v. James A. Collins, Director Texas Department of Criminal Justice, Institutional Division

> Court of Appeals for the Fifth Circuit · January 21, 1992 · 953 F.2d 167

URL: https://www.frixlaw.com/law-library/cases/9482452

## Case

- **Full name:** Joe Angel CORDOVA, Petitioner-Appellant, v. James A. COLLINS, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** January 21, 1992
- **Citations:** 953 F.2d 167; 1992 U.S. App. LEXIS 804; 1992 WL 9056
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Politz, King, Higginbotham
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9482452

## How later opinions describe it (automated extraction)

- holding that the defendant could not “make an arguable constitutional claim” based upon the trial court’s failure to strike for cause a venireperson who “stated in voir dire that he would consider evidence of intoxication as a mitigating circumstance, but did not believe that …
- holding without analysis that Teague bars retroactive application

## Opinion text

ON PETITION FOR REHEARING
Jan. 21, 1992.
PER CURIAM:
The petition for rehearing is correct in its characterization of the effect of 28 U.S.C. § 1746 . It is in all other respects factually incorrect. The Gamino claim was not properly presented to the district court; the state was not able to address the claim in its answer to the district court; it was not referred to or specifically addressed by the district court; and it was not presented at all to the state courts. The state has not waived exhaustion or any of the petitioner’s other defaults in presenting the claim. The petition for rehearing is DENIED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9482452. Public record. Not legal advice.