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GARCIA v. DRETKE

No. 03-10295.

388 F.3d 496 (2004)

Jimmy Fernandez GARCIA, Jr., Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 15, 2004.

Attorney(s) appearing for the Case

David P. O'Neil, John C. Bennett (argued), Habern, O'Neil & Buckley, Huntsville, TX, for Petitioner-Appellee.

Carrie Elizabeth Parsons (argued), Austin, TX, for Respondent-Appellant.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Jimmy Fernandez Garcia, Jr. ("Garcia") seeks habeas relief on the grounds that the State of Texas violated the Double Jeopardy Clause when it tried him for the capital murder of Jimmy Lynn Garza ("Lynn Garza") after a jury had already acquitted Garcia of the capital murder of David Moran ("Moran"). Garcia contends that collateral estoppel applies because the Moran jury allegedly determined a factual issue that precluded the Lynn...

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