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SMITH v. DRETKE

No. 04-10770.

417 F.3d 438 (2005)

Quinton Blane SMITH, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 2005.

Attorney(s) appearing for the Case

Robert N. Udashen (argued), Sorrels & Udashen, Dallas, TX, for Petitioner-Appellee.

Elizabeth A. Goettert (argued), Austin, TX, for Respondent-Appellant.

Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The State challenges the U.S. District Court's grant of Quinton Blane Smith's petition for a writ of habeas corpus. For the following reasons, we affirm the ruling of the district court.

I. FACTUAL BACKGROUND

On January 21, 1996, petitioner Quinton Blane Smith and his friend Robert Ritterbush were sitting in a parked truck in front of Smith's house in Garland, Texas. A mutual...

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