BELTRAN v. COCKRELL

No. 00-41103.

294 F.3d 730 (2002)

Noe BELTRAN, 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.

June 27, 2002.


Attorney(s) appearing for the Case

Randy Schaffer (argued), Schaffer & Henley, Houston, TX, for Beltran.

Karyl Krug, Asst. Atty. Gen. (argued), Austin, TX, for Cockrell.

Before HIGGINBOTHAM and CLEMENT, Circuit Judges.


CLEMENT, Circuit Judge:

Petitioner-appellee Noe Beltran challenges the district court's denial of his ineffective assistance of counsel claim. Respondent-appellant challenges the district court's grant of petitioner's habeas petition on the grounds that the prosecution knowingly failed to correct false testimony. We grant habeas relief, but rest the affirmation on Beltran's ineffective assistance of counsel claim. The prosecution skirted a line from which it should...

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