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GOCHICOA v. JOHNSON

No. 99-50596.

238 F.3d 278 (2000)

Pedro L. Gochicoa, Petitioner-Appellee-Cross-Appellant, v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 1, 2001.

Attorney(s) appearing for the Case

Philip J. Lynch (argued), San Antonio, TX, for Gochicoa.

Charles A. Palmer (argued), Marci D. Mates, Austin, TX, for Johnson.

Before SMITH and DENNIS, Circuit Judges, and HARMON, District Judge.

JERRY E. SMITH, Circuit Judge:

Gary Johnson, on behalf of the State of Texas ("the state"), appeals the grant of a writ of habeas corpus under 28 U.S.C. § 2254, and the petitioner, Pedro Gochicoa ("Gochicoa") cross-appeals the district court's refusal to find prejudice from ineffective assistance of counsel. We affirm in part, reverse in part, and render judgment in favor of the state.

I.

The district...

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