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BRYANT v. SCOTT

No. 93-1003.

28 F.3d 1411 (1994)

R.L. BRYANT, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 18, 1994.

Attorney(s) appearing for the Case

Timothy Crooks, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Ft. Worth, TX, for appellant.

Stephani A. Stelmach, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before GARWOOD and EMILIO M. GARZA, Circuit Judges, and NOWLIN, District Judge.

EMILIO M. GARZA, Circuit Judge:

Appellant, R. L. Bryant, was convicted of armed robbery and sentenced to life imprisonment by the state district court in Palo Pinto County, Texas. After exhausting state court remedies, Bryant petitioned for federal habeas corpus relief, pursuant to 28 U.S.C. § 2254 (1988), on claims of ineffective assistance of counsel and improper identification procedures. The United States magistrate judge recommended habeas relief based on...

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