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HESS v. COCKRELL

No. 00-11037.

281 F.3d 212 (2002)

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

United States Court of Appeals, Fifth Circuit.

January 24, 2002.

Attorney(s) appearing for the Case

Richard D. Goldman, Asst. Federal Public Defender, Dallas, TX, for Petitioner-Appellee.

James Michael Terry, Jr., Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellant.

Before POLITZ, HIGGINBOTHAM and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Janie Cockrell, the Director of the Texas Department of Criminal Justice, Institutional Division, appeals the district court's grant of Jeffrey Hess' petition for a writ of habeas corpus. The district court had previously dismissed Hess' petition as time-barred, but granted relief from that judgment after Hess filed a motion under Rule 60(b) of the Federal Rules of Civil Procedure. We are persuaded that Hess failed to demonstrate...

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