SALDANO v. O'CONNELL

No. 02-41208.

322 F.3d 365 (2003)

Victor Hugo SALDANO, Petitioner-Appellee, Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee, v. Tom O'CONNELL, Collin County Criminal District Attorney, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 18, 2003.


Attorney(s) appearing for the Case

William Richard Thompson, II, Asst. Sol. Gen., Philip Andrew Lionberger, Deputy Sol. Gen., Austin, TX, for Respondent-Appellee.

Stanley G. Schneider, Schneider & McKinney, Houston, TX, for Petitioner-Appellee.

John Anthony Stride, McKinney, TX, for Movant-Appellant.

Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.


KING, Chief Judge:

In 1996, Victor Hugo Saldano was convicted and sentenced to death for the capital murder of Paul King. On appeal, we are asked to resolve whether the district court erred in holding that the Collin County District Attorney's application for intervention presented it with non-justiciable political questions.

FACTUAL AND PROCEDURAL BACKGROUND

The Collin County District Attorney's Office ("District Attorney") represented the State...

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