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DE LA ROSA v. LYNAUGH

No. 85-2809.

817 F.2d 259 (1987)

Roberto DE LA ROSA Petitioner-Appellant, v. James A. LYNAUGH, Interim Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1987.

Attorney(s) appearing for the Case

Charmaine R. Bissell, Sharon Kutzschbach, Huntsville, Tex., for petitioner-appellant.

S. Michael Bozarth, William C. Zapalac, Asst. Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, RANDALL, and HIGGINBOTHAM, Circuit Judges.

JOHN R. BROWN, Senior Circuit Judge:

Roberto De La Rosa appeals the District Court's denial of his Petition for Writ of Habeas Corpus. De La Rosa entered a bar and fired a gun at Joe Lee, Jr., killing both Lee and an eight year old bystander, John David Rodriguez. Petitioner claims under the Fifth Amendment that the State of Texas is collaterally estopped from trying him in a subsequent trial for the murder of Joe Lee, Jr., since he was previously tried and convicted...

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