LOWERY v. COLLINS

No. 91-5086.

988 F.2d 1364 (1993)

Mitchell LOWERY, Petitioner-Appellant, v. James COLLINS, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1993.


Attorney(s) appearing for the Case

Jennifer M. Smith (Court-appointed), Baker & Botts, Houston, TX, for petitioner-appellant.

S. Michael Bozarth, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for respondent-appellee.

Before WIENER, BARKSDALE, and DEMOSS, Circuit Judges.


WIENER, Circuit Judge:

In this appeal from the federal district court's adverse habeas corpus ruling, Petitioner-Appellant Mitchell Lowery asserts that the court erred in denying him relief. Lowery insists that — in a state criminal case in which he was convicted of sexual assault of a minor — the State's introduction of a videotape of an interview of the child-complainant conducted by a social worker violated the defendant's Sixth Amendment right to...

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