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ARMSTEAD v. SCOTT

No. 92-1648.

37 F.3d 202 (1994)

Willie D. ARMSTEAD, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 28, 1994.

Attorney(s) appearing for the Case

Marsha Rutenbar, court-appointed, McKinney, TX, for appellant.

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

Before KING, JOLLY and STEWART, Circuit Judges.

STEWART, Circuit Judge:

This is a habeas corpus action brought by a state court prisoner, Willie D. Armstead, alleging ineffective assistance of counsel in connection with his guilty plea to two counts of aggravated robbery in Texas state court. The district court denied relief, affording a presumption of correctness to the factual findings of the state court. While we find that the district court erred in affording a presumption of correctness because the state court...

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