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SANTELLAN v. COCKRELL

No. 00-50222.

271 F.3d 190 (2001)

Jose SANTELLAN, Sr., Petitioner-Appellee-Cross-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 2001.

Attorney(s) appearing for the Case

Brian S. Greig, Marcy Hogan Greer (argued), Hanna Liebman, Fulbright & Jaworski, Houston, TX, for Santellan.

Edward Larry Marshall (argued), Austin, TX, for Cockrell.

Before JOLLY, JONES and BENAVIDES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The district court granted a writ of habeas corpus to Jose Santellan, a death-sentenced Texas prisoner, after it concluded that no rational jury could find that he murdered his ex-girlfriend while in the course of attempted kidnapping. The federal court also concluded that the Texas Court of Criminal Appeals affirmed Santellan's conviction on a factual basis sufficiently different from that espoused by the state at trial as to deny due...

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