ALEXANDER v. JOHNSON

No. 98-20608.

163 F.3d 906 (1998)

Darrel Eugene ALEXANDER, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1998.


Attorney(s) appearing for the Case

Darrel Eugene Alexander, Beaumont, TX, pro se.

Edwin Sullivan, Austin, TX, for Respondent-Appellant.

Before WISDOM, DAVIS and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

For this state habeas action, in which the district court granted relief to Darrel Eugene Alexander, a Texas prisoner, on the grounds that his parole revocation was based on insufficient evidence and that the statute which served as the basis for that revocation had been declared unconstitutional by the Texas courts (the latter ground having been raised sua sponte by the court), primarily at issue is whether such relief...

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