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SALDANO v. ROACH

No. 03-40905.

363 F.3d 545 (2004)

Victor Hugo SALDANO, Petitioner-Appellee, Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee, v. John R. ROACH, District Attorney of Collin County, Texas, Movant Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 2004.

Attorney(s) appearing for the Case

John Anthony Stride (argued), McKinney, TX, for Roach.

Stanley G. Schneider, Schneider & McKinney, Houston, TX, for Petitioner-Appellee.

Matthew F. Stowe (argued), Melanie P. Sarwal, Asst. Solicitor General, Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.

KING, Chief Judge:

Victor Hugo Saldano was convicted of a capital offense and sentenced to death. Saldano subsequently filed a petition for writ of habeas corpus in federal court challenging his sentence. John R. Roach, the District Attorney of Collin County, Texas, appeals the district court's denial of his application to intervene as of right in Saldano's habeas corpus suit. For the following reasons, we affirm in part...

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