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WILLIAMS v. COLLINS

No. 92-8567.

12 F.3d 70 (1994)

Elliott WILLIAMS, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, and Dan Morales, Attorney General, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

March 9, 1994.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., S. Michael Bozarth, Asst. Atty. Gen., Austin, TX, for respondents-appellants.

B.J. Walter, Jr. (Ct. App.), Nathan, Wood & Sommers, Houston, TX, for petitioner-appellee.

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

ON PETITION FOR REHEARING

(Opinion January 26, 1994, 5th Cir.1994, 12 F.3d 66)

PER CURIAM:

We disposed of this appeal by reversing the grant of habeas relief and dismissing the habeas petition. On application for rehearing, Petitioner asks for a remand to permit the district court to address his claim that he had ineffective assistance of counsel. After finding the indictment insufficient, the district court did...

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