PAPE v. THALER

No. 11-10008.

645 F.3d 281 (2011)

Steven Jeffrey PAPE, Petitioner-Appellee, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 2011.


Attorney(s) appearing for the Case

Michael Clark Gross (argued), San Antonio, TX, for Petitioner-Appellee.

Joseph Peter Corcoran (argued), Cara Hanna , Kara Denise Holsinger , Assistant Attorneys General, Austin, TX, for Respondent-Appellant.

Before REAVLEY, GARZA and SOUTHWICK, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

In this petition for habeas relief under 28 U.S.C. § 2254, officials with the State of Texas ("State") argue that the district court erred by conducting an evidentiary hearing and by granting habeas relief to Petitioner-Appellee Steven Jeffrey Pape ("Pape"). We agree. For the reasons explained below, we REVERSE the district court and DENY Pape's petition.

I

The State arrested Pape for sexually molesting his daughter...

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