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CARRILLO v. PERKINS

No. 83-1105.

723 F.2d 1165 (1984)

Oscar CARRILLO, Petitioner-Appellant, v. Frank PERKINS, Probation Officer, 81st District Court, and Joe Mattox, Attorney General of Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 30, 1984.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, Tex., for petitioner-appellant.

Barbara J. Lipscomb, J.D. Hooper, Asst. Attys. Gen., Austin, Tex., for respondents-appellees.

Before RUBIN and RANDALL, Circuit Judges, and SEAR, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The question for decision is whether in the trial of a state criminal case a restriction placed on the defendant's cross-examination of a prosecution witness violated the defendant's right to confront witnesses against him. Notwithstanding the presumption of correctness attached to the state court's findings of fact, we find that the restriction impermissibly confined impeachment. Nevertheless, because we find this error harmless beyond...

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