WEEKS v. COLLINS

No. 93-3708.

867 F.Supp. 544 (1994)

Curtis WEEKS, Petitioner, v. James A. COLLINS, Director, Institutional Division, Texas Department of Criminal Justice, Respondent.

United States District Court, S.D. Texas, Houston Division.

October 11, 1994.


Attorney(s) appearing for the Case

David Healey, Arnold, White & Durkee, Houston, TX, Steven Alan Reiss, Weil Gotshal & Manges, New York City, for petitioner.

S. Michael Bozarth, Atty. General's Office, Charles Albert Palmer, Asst. Atty. Gen., for respondent.


MEMORANDUM AND ORDER

GILMORE, District Judge.

Pending before this Court are cross-motions for summary judgment on Petitioner's application for federal habeas relief. Petitioner, who had tested positive for human immunodeficiency virus (HIV), was convicted of attempted murder for spitting on a prison guard. Because of two prior felony convictions, punishment was enhanced and assessed at confinement for life. The judgment of the trial court was affirmed...

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