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ROSALES v. DRETKE

No. 04-70046.

444 F.3d 703 (2006)

Mariano Juarez ROSALES, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 3, 2006.

Attorney(s) appearing for the Case

Michael B. Charlton (argued), Law Office of Michael B. Charlton, El Prado, TX, Paul Edward Mansur, Denver City, TX, for Rosales.

Thomas M. Jones (argued), Austin, TX, for Dretke.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner Mariano Rosales appeals the district court's denial of his petition for writ of habeas corpus. Because we conclude that the procedural default applied by the Texas Court of Criminal Appeals to bar review of Rosales' Batson1 claim was not "firmly established and regularly followed" by that court, we vacate the district court's dismissal of Rosales' writ application and remand for further...

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