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LIGHTEARD v. STATE

No. 190-99.

994 S.W.2d 189 (1999)

David L. LIGHTEARD, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 23, 1999.

Attorney(s) appearing for the Case

Paul J. Goeke, San Antonio, for appellant.

Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

Petition for Discretionary Review Refused.

McCORMICK, Presiding Judge, dissenting to refusal of state's petition for discretionary review.

I respectfully dissent to the Court's decision to refuse the State's discretionary review petition. The Court of Appeals decided the government violated appellant's Fourteenth Amendment federal constitutional "due process" rights under the United States Supreme Court's decision in Ake v. Oklahoma

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