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FUHRMAN v. DRETKE

No. 05-50413.

442 F.3d 893 (2006)

Michael Joseph FUHRMAN, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 2006.

Attorney(s) appearing for the Case

Raymond John Rigat (argued), Gilbride & Rigat, Clinton, CT, for Petitioner-Appellee.

Ana Jordan (argued), Postconviction Litigation Div., Austin, TX, for Respondent-Appellant.

Before JOLLY, BEAM and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The Texas Department of Criminal Justice ("TDCJ") appeals the district court's grant of Michael Joseph Fuhrman's Petition for Writ of Habeas Corpus, which alleged that Fuhrman was being held in custody in contravention of Texas's DNA Statute. The TDCJ contends that the district court's grant is barred by the law of the case doctrine and the mandate rule. Furthermore, the district court erred by failing to defer to the state's reasonable...

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