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MONTOYA v. SCOTT

No. 94-60184.

65 F.3d 405 (1995)

Irineo MONTOYA, Petitioner-Appellee, Cross-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 12, 1995.

Attorney(s) appearing for the Case

Reneau J. Longoria, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellant.

James Alexander McCorquodale, Donald H. Flanary, Jr., Vial, Hamilton, Koch & Knox, Dallas, TX, for appellee.

Before GARWOOD, JONES and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Wayne Scott, Director of the Texas Department of Criminal Justice, appeals, and Irineo Montoya cross-appeals, from the district court's conditional grant of Montoya's petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988). We affirm in part, reverse in part, and remand with instructions to deny relief.

I

Montoya and a friend, Juan Villavicencio, killed John Kilheffer after Kilheffer picked them up...

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