VALDEZ v. COCKRELL

No. 99-41216.

274 F.3d 941 (2001)

Alberto VALDEZ, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 2001.


Attorney(s) appearing for the Case

Jeffrey Scott Levinger (argued), Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, William David Underwood (argued), Waco, TX, for Petitioner-Appellee.

Gregory Scott Coleman (argued) Lisa Royce Eskow, Meredith Bishop Parenti, Asst. Sol. Gen., Austin, TX, for Respondent-Appellant.

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Janie Cockrell, Director of the Texas Department of Criminal Justice, Institutional Division ("the Director"), appeals the district court's grant of the writ of habeas corpus to the petitioner, Alberto Valdez ("Valdez"). We hold that a full and fair hearing is not a prerequisite to the application of 28 U.S.C. § 2254's deferential scheme. Therefore, we vacate and remand to the district court for an assessment of Valdez's claims...

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