MEANES v. JOHNSON

No. 97-20599.

138 F.3d 1007 (1998)

James Ronald MEANES, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Order Denying Rehearing May 22, 1998.


Attorney(s) appearing for the Case

Douglas A. Danzeiser, Austin, TX, for Respondent-Appellant.

Stanley G. Schneider, Thomas Donald Moran, Schneider & McKinney, Houston, TX, for Petitioner-Appellee.

Before KING, SMITH and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

The respondent-appellant, Gary L. Johnson, the Director of the Texas Department of Criminal Justice, Institutional Division, appeals the district court's grant of a writ of habeas corpus to James Ronald Meanes, a Texas death row inmate convicted of capital murder. For the reasons set forth below, we reverse and render.

FACTUAL BACKGROUND

On April 21, 1981, around noon, an armored van driven by Olivero Flores, who...

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