WILDER v. COCKRELL

No. 01-40296.

274 F.3d 255 (2001)

Donald Allen WILDER, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 26, 2001.


Attorney(s) appearing for the Case

James W. Volberding (argued), Tyler, TX, for Petitioner-Appellee.

Stuart Kyle Duncan (argued), Austin, TX, for Respondent-Appellant.

Before HIGGINBOTHAM, BARKSDALE and STEWART, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

The district court having granted conditional habeas relief to Donald Wilder, at issue is whether his several evidentiary and ineffective assistance of counsel claims, made in varying forms during direct appeal and state habeas proceedings, can, for purposes of 28 U.S.C. § 2254(b)(1), exhaust a federal due process claim based on Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038...

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