SELF v. COLLINS

No. 91-2287.

973 F.2d 1198 (1992)

Michael Lloyd SELF, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

September 22, 1992.


Attorney(s) appearing for the Case

Elizabeth Elleson, Asst. Atty. Gen. and Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellant.

Clinard J. Hanby, Essmyer & Hanby, Houston, Tex., for petitioner-appellee.

Before SNEED, REAVLEY, and BARKSDALE, Circuit Judges.


BARKSDALE, Circuit Judge:

This appeal is bottomed on "our federalism" and turns on the proper application of the 28 U.S.C. § 2254(d) presumption of correctness accorded state findings of fact. Its genesis is Michael Lloyd Self's conviction in 1973 for murder. In 1991, the district court granted his habeas application, holding that his confession, the critical evidence at trial, was obtained in violation of his Fifth Amendment privilege against self-incrimination...

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