MORALES v. THALER

No. 12-50341.

714 F.3d 295 (2013)

David MORALES, Petitioner-Appellee, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 2013.


Attorney(s) appearing for the Case

Matthew Rex DeKoatz , Law Offices of Matthew R. DeKoatz, El Paso, TX, for Petitioner-Appellee.

Andrew S. Oldham , Deputy Solicitor General, Office of the Attorney General, Office of the Solicitor General, Melissa L. Hargis , Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellant.

Before REAVLEY, JOLLY, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The district court granted habeas corpus relief to David Morales after his claim had been denied on the merits in state proceedings. The state appeals, urging that the relitigation bar in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2254(d), forbade the court to disregard the state courts' factual findings and legal conclusions. We agree, so we reverse and render a judgment of dismissal.

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