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EAST v. JOHNSON

No. 96-11227.

123 F.3d 235 (1997)

Wayne EAST, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1997.

Attorney(s) appearing for the Case

Rita Jeanne Radostitz, Austin, TX, Gregory William Wiercioch, Houston, TX, for Petitioner-Appellant.

William Charles Zapalac, Austin, TX, for Respondent-Appellee.

Before POLITZ, Chief Judge, and KING and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Wayne East, a Texas death row inmate, appeals the district court's denial of his petition for writ of habeas corpus. As grounds for relief, East alleges that the district court erred in its conclusion that certain undisclosed evidence was not material and therefore did not violate Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). We find merit in his contention and vacate his...

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