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SMITH v. COCKRELL

No. 01-21209.

311 F.3d 661 (2002)

Robert SMITH, Petitioner-Appellee-Cross-Appellant, v. Janie COCKRELL, Director, Texas Department Of Criminal Justice, Institutional Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 4, 2002.

Attorney(s) appearing for the Case

Winston Earle Cochran, Jr. (argued), Houston, TX, Danny Karl Easterling, Easterling & Easterling, Houston, TX, for Smith.

Deni S. Garcia (argued), Austin, TX, for Cockrell.

Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit Judges.

KING, Chief Judge.

Respondent-Appellant-Cross-Appellee Janie Cockrell appeals the decision by the District Court for the Southern District of Texas to grant habeas corpus relief to Petitioner-Appellee-Cross-Appellant Robert Smith. Upon careful review of the decisions of the district court and state habeas court, as well as the record, the briefs of the parties, and the applicable law, we are of the opinion that the district...

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