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BAGWELL v. DRETKE

No. 02-11129.

376 F.3d 408 (2004)

Joshua Luke BAGWELL, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 2004.

Attorney(s) appearing for the Case

Randy Schaffer, Josh Barrett Schaffer (argued), The Schaffer Firm, Houston, TX, for Bagwell.

Amy Warr, Melanie P. Sarwal, Asst. Sol. Gen. (argued), Austin, TX, for Dretke.

Before HIGGINBOTHAM, SMITH, and WIENER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Joshua Bagwell appeals the district court's dismissal of his habeas petition under the fugitive disentitlement doctrine. We conclude that the doctrine is applicable in a federal habeas proceeding, but vacate the district court's dismissal of his petition and remand for further proceedings.

I

In 1988, Joshua Bagwell was convicted of capital murder and conspiracy to commit capital murder and sentenced to life...

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