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MATA v. JOHNSON

No. 98-20756.

210 F.3d 324 (2000)

Ramon MATA, Jr., Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 17, 2000.

Attorney(s) appearing for the Case

Gregory William Wiercioch, Bryce Edward Benjet, Houston, TX, for Petitioner-Appellant.

Erik E. Cary, Minter, Joseph & Thornhill, Austin, TX, for Respondent-Appellee.

Before WIENER, PARKER and DENNIS, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Petitioner, Ramon Mata, Jr. ("Mata") appeals the dismissal of his Petition for Writ of Habeas Corpus. We reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

In 1986, Mata, a Texas prison inmate, was convicted of capital murder for killing a female prison guard with whom he claimed to be romantically involved. He was sentenced to death. The Texas Court of Criminal Appeals affirmed the conviction

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