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McKAY v. COLLINS

Nos. 92-1283, 92-8567.

12 F.3d 66 (1994)

Mark Donald McKAY, Petitioner/Appellant, v. James A. COLLINS, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent/Appellee. Elliott WILLIAMS, Petitioner/Appellee, v. James A. COLLINS, Director, Texas Dept. of Criminal Justice, Institutional Division, and Dan Morales, Attorney General, Respondents/Appellants.

United States Court of Appeals, Fifth Circuit.

January 26, 1994.

Attorney(s) appearing for the Case

Mark Donald McKay, pro se.

S. Michael Bozarth, Asst. Atty. Gen., and Dan Morales, Atty. Gen. of Texas, Antitrust Div., Austin, TX, for James A. Collins.

B.J. Walter, Jr. (Court-appointed), Nathan Wood & Sommers, Houston, TX, Elliott Williams.

Before DUHÉ and EMILIO M. GARZA, Circuit Judges, and BLACK, District Judge.

NORMAN W. BLACK, District Judge:

These consolidated appeals follow rulings by district courts in Texas on petitions for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The petitions involved similar issues, yet resulted in different rulings. We REVERSE the district court's ruling in the Williams, case 802 F.Supp. 1530, and AFFIRM the district court's ruling in the McKay case.

I.

Defendant/Petitioner...

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