DEGARMO v. COLLINS

No. 92-2725.

984 F.2d 142 (1993)

Roger Leroy DEGARMO, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

February 8, 1993.


Attorney(s) appearing for the Case

William C. Zapalac, Dan Morales, Atty. Gen., Austin, TX, for respondent-appellant.

Greg Gladden, Houston, TX, for petitioner-appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.


PER CURIAM:

The State of Texas entered into a stipulation with petitioner. The stipulation was reduced to writing and filed with the district court. In the stipulation, the state and petitioner agreed that should the federal district court grant relief the state would not appeal. The district court granted relief, and the state has appealed.

We have considered the written briefs in this case and heard oral argument. We are persuaded that the stipulation must...

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