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CRAKER v. McCOTTER

No. 85-1595.

805 F.2d 538 (1986)

Jerry W. CRAKER, Petitioner-Appellee, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1986.

Attorney(s) appearing for the Case

Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Bill Radford (Court-appointed), Dallas, Tex., for petitioner-appellee.

Jerry W. Craker, pro se.

Before THORNBERRY, JOHNSON, and WILLIAMS, Circuit Judges.

JOHNSON, Circuit Judge:

The State appeals in this statutory habeas corpus case, 28 U.S.C. § 2254, from a district court judgment granting relief to the petitioner Jerry Craker. We conclude that the Supreme Court's decision in Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985), requires denying Craker's claim and reversing the judgment of the district court.

I. BACKGROUND

In January 1979...

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