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MONTANO v. TEXAS

No. 16-20083.

867 F.3d 540 (2017)

Joseph MONTANO, Petitioner-Appellant, v. State of TEXAS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 11, 2017.

Attorney(s) appearing for the Case

Raymond Coldren , Houston, TX, for Petitioner-Appellant.

Meagan T. Scott , Brian Lynn Rose , Assistant General Counsel, District Attorney's Office, Houston, TX, for Respondent-Appellee.

Before JOLLY and ELROD, Circuit Judges, and STARRETT, District Judge.

Joseph Montano's felony trial was terminated when the state trial judge declared a mistrial after a witness invoked his Fifth Amendment right against self-incrimination while testifying at trial. After Texas determined to retry him, Montano unsuccessfully sought relief in Texas court, arguing that a retrial...

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