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GRAVES v. COCKRELL

No. 02-41416.

351 F.3d 156 (2003)

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

United States Court of Appeals, Fifth Circuit.

November 13, 2003.

Attorney(s) appearing for the Case

Roy E. Greenwood, Jr. (argued), Austin, TX, Jay William Burnett, Houston, TX, for Petitioner-Appellant.

Tommy Lee Skaggs, Austin, TX, for Respondent-Appellee.

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

W. EUGENE DAVIS, Circuit Judge:

On reflection and after further review of the record, the petition for rehearing persuades us that Graves has made a substantial showing of the denial of a constitutional right on his claim that the state violated the rule under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to disclose that Graves' co-defendant, Carter, implicated his wife as a participant in...

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