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BLUE v. COCKRELL

No. 01-41106.

298 F.3d 318 (2002)

Michael Lynn BLUE, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 16, 2002.

Attorney(s) appearing for the Case

David Patrick Sheldon (argued), Barracks Row, Washington, DC, for Petitioner-Appellee.

Tomee Morgan Carden Crocker (argued), Office of the Attorney General, Austin, TX, for Respondent-Appellant.

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

W. EUGENE DAVIS, Circuit Judge:

The respondent appeals from the district court's grant of habeas corpus in favor of the defendant, Michael Lynn Blue. Finding no error, we affirm.

I.

Michael Lynn Blue was convicted in June 1989 in Texas state court of capital murder and sentenced to death for the murder and robbery of a cab driver. Blue confessed to hitting the decedent in the head with a claw hammer and taking his wallet. His accomplice stabbed the...

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