HALEY v. DRETKE

No. 01-41389.

376 F.3d 316 (2004)

Michael Wayne HALEY, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 2004.


Attorney(s) appearing for the Case

Eric Miller Albritton, Albritton Law Firm, Longview, TX, for Petitioner-Appellee.

Ellen Stewart-Klein, Austin, TX, for Respondent-Appellant.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.


CARL E. STEWART, Circuit Judge:

On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit, the United States Supreme Court by an Opinion entered May 3, 2004, in ___ U.S. ___, 124 S.Ct. 1847, 1852, ___ L.Ed.2d ___ (2004), held that a federal court faced with allegations of actual innocence, whether of the sentence or of the crime charged, must first address all nondefaulted claims of comparable relief and other grounds for cause to excuse the...

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