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LOMBARD v. LYNAUGH

No. 86-2852.

868 F.2d 1475 (1989)

Ernest James LOMBARD, Jr., Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 6, 1989.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, Tex., for petitioner-appellant.

Margaret Portman Griffey, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant Ernest James Lombard, Jr. (Lombard), a Texas prisoner, appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. For the reasons set forth below, we reverse the district court's denial of Lombard's petition and remand with instructions to grant relief.

Facts and Proceedings Below

Lombard was charged in a Texas court with the October 4, 1971 robbery by assault...

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