HUMPHREY v. LYNAUGH

No. 88-2072.

861 F.2d 875 (1988)

Paul Dwayne HUMPHREY, Petitioner-Appellee, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1988.


Attorney(s) appearing for the Case

Christine D. White, Charles A. Palmer, S. Michael Bozarth, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Nancy Saint-Paul, Houston, Tex. (court appointed), for petitioner-appellee.

Paul Dwayne Humphrey, Rosharon, Tex., pro se.

Before GEE, SNEED, and WILLIAMS, Circuit Judges.


SNEED, Circuit Judge:

The Director of the Texas Department of Corrections appeals the order of the district court granting Humphrey's petition for a writ of habeas corpus. We reverse.

I.

FACTS AND PROCEEDINGS BELOW

The disposition of this case requires that an odd corner of Ohio law be examined in order to resolve an unusual fact situation under Texas law. In 1978, an Ohio grand jury indicted Humphrey for aggravated robbery; he pleaded...

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