Grismore v. Johnson

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40938

Summary Calendar

BENNIE GRISMORE,

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 Eastern District of Texas USDC No. 6:93-CV-496 _________________________________________________________________ June 25, 1996

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

Bennie Grismore appeals, pro se, the dismissal of his 28 U.S.C. § 2254 petition. He contends that his rights were violated by the failure to apply retroactively new Texas state law requiring a definition of reasonable doubt in the jury charge. He contends also that his due process rights were violated by the trial court’s admission of evidence of an extraneous offense. We affirm for essentially the reasons adopted by the district court. Grismore v. Collins, No. 6:93-CV-496 (E.D. Tex. October 26, 1995). We do not address Grismore's ineffective assistance of counsel contentions, raised for the first time on appeal.

AFFIRMED