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PERILLO v. JOHNSON

No. 98-20653.

205 F.3d 775 (2000)

Pamela Lynn PERILLO, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 2000.

Attorney(s) appearing for the Case

David D. Sterling, Richard Allen Husseini, Maryanne Lyons (argued), Gerard A. Desrochers, Baker Botts, Houston, TX, for Petitioner-Appellee.

Douglas A. Danzeiser (argued), Austin, TX, for Respondent-Appellant.

Before SMITH, EMILIO M. GARZA and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Gary Johnson, the Director of the Texas Department of Criminal Justice's Institutional Division, ("the Director") appeals the district court's final judgment granting Pamela Perillo's 28 U.S.C. § 2254 petition for habeas corpus relief. The district court determined that Perillo's trial counsel labored under an actual conflict of interest that adversely affected counsel's presentation of Perillo...

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