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GARRETT v. McCOTTER

No. 86-1233.

807 F.2d 482 (1987)

Curtis GARRETT, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 20, 1987.

Attorney(s) appearing for the Case

Ward Casey, Ft. Worth, Tex., for petitioner-appellant.

David B. Fannin, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, JOHNSON, and JONES Circuit Judges.

EDITH H. JONES, Circuit Judge.

In this appeal, the petitioner, Curtis Garrett, requests review of the district court's denial of his application for a writ of habeas corpus. For the reasons set out below, we REVERSE the district court's decision and GRANT petitioner the writ.

I. FACTS

On October 26, 1979 Curtis Garrett was convicted by a Texas jury of two counts of bribery. The convictions were affirmed by the Court of Appeals for the Second Supreme...

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