United States District Court, N.D. Texas, Fort Worth Division
OPINION AND ORDER
O'CONNOR UNITED STATES DISTRICT JUDGE
the Court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 filed by Petitioner, Emory Lawrence
Alexander, a state prisoner confined in the Correctional
Institutions Division of the Texas Department of Criminal
Justice (TDCJ), against Lorie Davis, director of TDCJ,
Respondent. After considering the pleadings and relief sought
by Petitioner, the Court has concluded that the petition
should be denied.
2014 Petitioner was indicted in Jack County, Texas, No. 4600,
for murdering Broderick Dean by stabbing him with a knife.
Tr. 4, ECF No. 13-12. Four days before trial, Petitioner
elected to represent himself and his court-appointed counsel
acted as standby counsel. Id. at 17-20.
Petitioner's jury trial commenced on January 20, 2015,
after which the jury found Petitioner guilty of the offense
and assessed his punishment at 85 years' imprisonment.
Id. at 21. Petitioner's conviction was affirmed
on appeal and the Texas Court of Criminal Appeals refused his
petition for discretionary review. Electronic R., ECF No.
12-1. Petitioner also challenged his conviction in a
postconviction state habeas-corpus application, which was
denied by the Texas Court of Criminal Appeals without written
order. SHR Action Taken, ECF No. 13-19. This federal
evidence at trial reflects that on the night of February 26,
2014, in Jacksboro, Texas, Petitioner and Broderick Dean, who
had recently met, got into an altercation and that Petitioner
stabbed Dean in the doorway of Dean's house two times
with a knife. Petitioner then chased Dean down the street
where Dean collapsed and died. Reporter's R., vol. 2,
212-27, ECF No. 12-5 & vol. 3, 10-13, ECF No. 12-6.
Jerrod Burkett, a friend of Dean's, witnessed the
altercation in the doorway but did not realize that Dean had
been fatally stabbed. Reporter's R., vol. 2, 227, ECF No.
12-5. Petitioner did not call 911 or attempt to aid Dean in
any way. Reporter's R., vol. 4, 25, 32 ECF No. 12-7.
Shortly afterward, Petitioner stole his uncle's car and
fled to Dallas. Id. at 44, 57. Petitioner testified
on his own behalf and admitted to stabbing Dean but claimed
that Dean “had a reputation for using a weapon against
people, ” that Dean was the aggressor, and that he
stabbed Dean in self-defense. Id. at 19, 20-27, 30,
34, 48. Petitioner denied chasing Dean into the street after
stabbing him as the threat of imminent harm had passed.
Id. at 24.
raises seven grounds for relief that fall within the
following general categories:
(1) prosecutorial misconduct (grounds one, two, and three);
(2) incomplete appellate record (ground four);
(3) “estopple [sic] by silence” (ground five);
(4) trial court error (ground six); and
(5) ineffective assistance of appellate counsel (ground
Pet.6-8, ECF No. 1.