BLEDSUE v. JOHNSON

No. 97-11195.

188 F.3d 250 (1999)

Larry Lee BLEDSUE, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 7, 1999.


Attorney(s) appearing for the Case

Kathleen S. Rose, Fulbright & Jaworski, Houston, TX, for Petitioner-Appellee.

Jeremy Tremayne Hartman, Austin, TX, for Respondent-Appellant.

Before SMITH, DUHÉ and WIENER, Circuit Judges.


Rehearing En Banc Denied October 7, 1999.

JERRY E. SMITH, Circuit Judge:

The state appeals the grant of habeas corpus relief to Larry Bledsue, who had been convicted in state court of intentionally and knowingly possessing 28 or more but less than 400 grams of amphetamine. Concluding that the district court properly entertained the claim, we nevertheless disagree with its conclusion that the evidence adduced at trial was constitutionally insufficient to convict...

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