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CORDOVA v. LYNAUGH

No. 87-5547.

838 F.2d 764 (1988)

George CORDOVA, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1988.

Attorney(s) appearing for the Case

Donald F. Killingsworth, Nicholas & Barrera, Inc., San Antonio, Tex. (Court-appointed), for petitioner-appellant.

Robert S. Walt, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before REAVLEY, GARWOOD and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

George Cordova, sentenced to death by a Texas court for the murder-robbery of Joey Hernandez, appeals the denial of the writ of habeas corpus. Our examination of the record reveals that the state trial court violated Cordova's due process rights by failing to instruct on the lesser included offense of murder. We reverse and remand with directions to conditionally grant the writ.

I.

Jose (Joey) Hernandez and Cynthia West in...

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