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DISPENSA v. LYNAUGH

No. 86-2894.

826 F.2d 375 (1987)

Rosario Joseph DISPENSA, Petitioner-Appellee, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

September 4, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Charles Rex Hall, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Alder & O'Conor, Robert O'Conor, Jr. (Court appointed), Houston, Tex., for petitioner-appellee.

Before RUBIN, GARZA and JOLLY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The State of Texas appeals from a district court order granting a prisoner convicted of rape a writ of habeas corpus due to the suggestiveness of the identification procedures the police used and the subsequent unreliability of the in-court identification evidence offered by the victim. Because we conclude that new evidence introduced at the federal habeas corpus hearing makes the petitioner's claims stronger than they were when presented...

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