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MOORE v. DRETKE

No. 03-41293.

369 F.3d 844 (2004)

Eric Lynn MOORE, Petitioner-Appellee-Cross-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 7, 2004.

Attorney(s) appearing for the Case

Thomas Scott Smith, Smith & Smith, Sherman, TX, for Moore.

Edward Larry Marshall, Austin, TX, for Dretke.

Before SMITH, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:

The state appeals a conditional grant of a writ of habeas corpus to Eric Moore. Moore cross-appeals, asking us to vacate the writ and instruct the district court to conduct an evidentiary hearing. We vacate the writ and remand for further proceedings, which need not necessarily include the requested evidentiary hearing.

This court previously granted Moore permission to file a successive habeas petition under the Antiterrorism and Effective Death...

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