BLACKMON v. SCOTT

No. 92-5192.

22 F.3d 560 (1994)

Ricky Don BLACKMON, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 1994.


Attorney(s) appearing for the Case

Virginia C. Lindsay, San Francisco, CA, for appellant.

William Charles Zapalac, Asst. Atty. Gen. and Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before POLITZ, Chief Judge, JOLLY and EMILIO M. GARZA, Circuit Judges.


POLITZ, Chief Judge:

Ricky Don Blackmon appeals an adverse summary judgment rejecting his 28 U.S.C. § 2254 petition for habeas corpus relief. For the reasons assigned we vacate the judgment and remand for further proceedings consistent herewith.

Background

In March 1987 Ricky Don Blackmon and his girlfriend Donna Mae Rogers were unemployed, impoverished, and living outside Dallas, Texas. Rogers told Blackmon she knew people in Joaquin...

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