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CHILDRESS v. LYNAUGH

No. 87-1427.

842 F.2d 768 (1988)

Millard Eugene CHILDRESS, Petitioner-Appellee, Cross-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 1988.

Attorney(s) appearing for the Case

Charles A. Palmer, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellant, cross-appellee.

Millard Eugene Childress, pro se.

Judith Baumgartner (Court-appointed), Vinson & Elkins, Dallas, Tex., for petitioner-appellee, cross-appellant.

Before CLARK, Chief Judge, and REAVLEY, Circuit Judge, and HUNTER, District Judge.

REAVLEY, Circuit Judge:

Millard Eugene Childress, a Texas prisoner convicted of aggravated assault, applied for habeas relief under 28 U.S.C. § 2254, asserting that he received ineffective assistance of counsel at his original trial in violation of the Sixth Amendment and was denied due process in violation of the Fourteenth Amendment. The district court held that Childress received ineffective assistance of counsel and ordered a retrial. The State of Texas ...

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