DISPENSA v. LYNAUGH

No. 86-2894.

847 F.2d 211 (1988)

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

United States Court of Appeals, Fifth Circuit.

June 16, 1988.


Attorney(s) appearing for the Case

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

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

Before RUBIN, GARZA, and JOLLY, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion Sept. 4, 1987, 5th Cir., 1987, 826 F.2d 375).

ALVIN B. RUBIN, Circuit Judge:

Rosario Joseph Dispensa was convicted of burglary of a habitation with intent to commit rape and sentenced to fifteen years imprisonment. The district court granted his writ of habeas corpus on the basis that the police's use of an overly suggestive out-of-court identification procedure made the rape...

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