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SCHAETZLE v. COCKRELL

No. 03-50215.

343 F.3d 440 (2003)

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

United States Court of Appeals, Fifth Circuit.

August 15, 2003.

Attorney(s) appearing for the Case

Philip J. Lynch (argued), San Antonio, TX, for Petitioner-Appellee.

Tommy Lee Skaggs (argued), Austin, TX, for Respondent-Appellant.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Texas prisoner David Schaetzle was granted conditional federal habeas relief based on his claim of ineffective assistance of counsel on direct appeal. Consistent with the standard of review mandated by the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2241 et seq., at issue is whether the Texas Court of Criminal Appeals, without an opinion, unreasonably applied clearly established federal law...

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