Bailey v. Johnson ( 1999 )


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  •                IN THE UNITED STATES COURT OF APPEALS
                           FOR THE FIFTH CIRCUIT
    
    
    
                                No. 97-50854
                              Summary Calendar
    
    
    DEREK MITCHELL BAILEY,
    
                                              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 Western District of Texas
                          USDC No. SA-96-CV-742
                           --------------------
    
                              November 12, 1999
    
    Before KING, Chief Judge, and JONES and DeMOSS, Circuit Judges.
    
    PER CURIAM:*
    
         Derek Mitchell Bailey, Texas prisoner #689542, appeals the
    
    denial of 28 U.S.C. 2254 relief.    With respect to the sole issue
    
    on which a certificate of appealability was granted, Bailey
    
    contends that his trial counsel was ineffective for failing to
    
    move for a change of venue.
    
         The Constitution does not require that jurors be totally
    
    ignorant of the facts and issues to be tried.    Irvin v. Dowd, 
    366 U.S. 717
    , 722 (1961).    Furthermore, Bailey’s conclusional
    
         *
            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    that this opinion should not be published and is not precedent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.
                                No. 97-50854
                                     -2-
    
    allegations of bias fail to demonstrate that the trial atmosphere
    
    was “utterly corrupted by press coverage.”   Dobbert v. Florida,
    
    
    432 U.S. 282
    , 302 (1977).   Accordingly, trial counsel was not
    
    ineffective in failing to move for a change of venue.   See
    
    Strickland v. Washington, 
    466 U.S. 668
    , 687 (1984).
    
         AFFIRMED.
    

Document Info

DocketNumber: 97-50854

Filed Date: 11/17/1999

Precedential Status: Non-Precedential

Modified Date: 12/21/2014