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McBRIDE v. JOHNSON

No. 96-10270.

118 F.3d 432 (1997)

Ernest George McBRIDE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected September 16, 1997.

Attorney(s) appearing for the Case

Ernest George McBride, Huntsville, TX, pro se.

Tommy Lee Skaggs, Assistant Attorney General, Austin, TX, for Respondent-Appellee.

Before DUHÉ, BENAVIDES and STEWART, Circuit Judges.

STEWART, Circuit Judge:

We sua sponte withdraw our prior opinion at 118 F.3d 432, which held AEDPA to be applicable, and substitute the instant opinion.

This habeas corpus case presents the question of whether Ernest G. McBride's Sixth Amendment right to confront and cross-examine an adverse witness was violated when his parole was revoked on the basis of hearsay testimony. Despite being acquitted of sexual assault (the jury...

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