Morrow v. Johnson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 99-10643 Summary Calendar _____________________ RICKY EUGENE MORROW, Petitioner-Appellant, versus GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee. _________________________________________________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:98-CV-2051 _________________________________________________________________ February 25, 2000 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Ricky Eugene Morrow appeals the district court’s denial of his 28 U.S.C. § 2254 petition. Morrow contends that he received ineffective assistance of counsel when he pleaded guilty to one count of robbery and two counts of attempted murder and that the district court erred in determining that his counsel was not ineffective. Morrow first argues that his counsel was ineffective for failing to inform him that the pleas could be used to impeach him in his second capital murder trial. Because this was a collateral * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. consequence of the pleas, the district court did not err in determining that counsel was not ineffective for failing to so advise Morrow. See United States v. Banda, 1 F.3d 354, 365 (5th Cir. 1993). Morrow alternatively argues that his counsel affirmatively misled him by telling him that the pleas would have no adverse consequences if a retrial was granted in his capital murder case. The district court did not err in determining that Morrow failed to rebut that state court’s finding on this issue by clear and convincing evidence. See 28 U.S.C. § 2254(e)(1). Accordingly, the judgment of the district court is A F F I R M E D. 2