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AUSTIN v. McKASKLE

No. 82-1418.

724 F.2d 1153 (1984)

Gary Mal AUSTIN, Petitioner-Appellant, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 13, 1984.

Attorney(s) appearing for the Case

Kirk Preston Watson, Austin, Tex. (Court-appointed), for petitioner-appellant.

Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, GEE and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Finding a serious allegation of a violation of the express mandate of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), we reverse the district court and remand this 28 U.S.C. § 2254 proceeding for an evidentiary hearing to develop essential facts.

Facts & Procedural Background

Gary Mal Austin and Henry Stiehl entered a supermarket in Lubbock, Texas...

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