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BROWN v. LYNAUGH

No. 87-1529.

843 F.2d 849 (1988)

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

United States Court of Appeals, Fifth Circuit.

May 2, 1988.

Attorney(s) appearing for the Case

Williams, Pattillo & Squires, Waco, Tex., for petitioner-appellant.

Margaret P. Griffey, Austin, Tex., for respondent-appellee.

Before GARZA, REAVLEY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Habeas petitioner, Harold Brown, appeals the district court's denial of habeas relief on his claim that he was denied a fundamentally fair trial when the judge presiding in his trial testified as a witness for the state. We agree with the petitioner and reverse.

I.

In February 1982, Brown was convicted and sentenced in a Texas district court for the felony offense of burglary of a habitation with intent to commit rape...

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