United States Fifth Circuit

Because the District Attorney does not have a direct, substantial, and legally protectable interest in these habeas proceedings, and any interest he does have is adequately represented by the Attorney General, the district court properly denied his application for intervention under FRCP rule 24(a)(2). The District Attorney's appeal of the district court order granting habeas relief is dismissed. (Republished opinion)

Appellate Information

• Decided 03/23/2004
• Published 04/08/2004

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Anthony Stride (argued), McKinney, TX, for Roach.


• For Appellees:
  
• Stanley G. Schneider, Schneider & McKinney, Houston, TX, for Petitioner-Appellee., Matthew F. Stowe (argued), Melanie P. Sarwal, Asst. Solicitor General, Austin, TX, for Respondent-Appellee.