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KNOX v. COLLINS

No. 92-7147.

999 F.2d 824 (1993)

James Roy KNOX, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 23, 1993.

Attorney(s) appearing for the Case

Richard N. Carrell, Layne E. Kruse, Fulbright & Jaworski, Houston, TX (Court-appointed), for petitioner-appellant.

William C. Zapalac, Asst. Atty. Gen., Dan Morales, Atty. Gen., Bob Walt, Asst. Atty. Gen., Austin, TX, for respondent-appellee.

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

In this appeal, we are asked to explain what we meant by the phrase "reasonable time," when we ordered the district court to grant a writ of habeas corpus unless the State of Texas retried the petitioner "within a reasonable time." Holding that this phrase vests the district court with broad discretion to determine how quickly the retrial should proceed, we affirm.

I.

In December of 1985, James Roy Knox (Knox) was convicted in the 56th...

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