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BOYD v. SCOTT

No. 93-8563.

45 F.3d 876 (1994)

Michael J. BOYD, Petitioner-Appellee, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, and Dan Morales, Attorney General, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

December 30, 1994.

Attorney(s) appearing for the Case

Amy Holley Hennessee, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellants.

Beth L. Fancsali, Larry A. Gaydos (Court-appointed), Haynes and Boone, Fort Worth, TX, for appellee.

Before REYNALDO G. GARZA, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

In this appeal by the Attorney General and the Director of the Department of Criminal Justice of the State of Texas, Respondents-Appellants Wayne Scott and Dan Morales (hereafter "Scott"), challenge a district court order granting Petitioner-Appellee Michael Boyd a writ of habeas corpus. Scott asserts that the district court erred in concluding that Boyd's trial was fundamentally unfair as a result of the state trial court's giving an Allen charge...

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