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YOUNG v. DRETKE

No. 02-50341.

356 F.3d 616 (2004)

Edward Michael YOUNG, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 2004.

Attorney(s) appearing for the Case

Robin Norris (argued), Hart & Norris, El Paso, TX, for Petitioner-Appellant.

James M. Terry, Jr. (argued), Austin, TX, for Respondent-Appellee.

Before REAVLEY, JOLLY and JONES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Edward Michael Young was convicted of murder and is now serving a sixty-year sentence in the Texas prison system. He appeals the district court's denial of his petition for a writ of habeas corpus in which he alleges ineffective assistance of counsel. He bases his claim on his attorney's failure to move for the dismissal of the prosecution under applicable Texas statutes (that have subsequently been amended), which required dismissal...

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