United States Fifth Circuit

Grant of a petition for writ of habeas corpus alleging that defendant was being held in custody in contravention of Texas's DNA Statute is reversed where the district court erred in determining that defendant's Georgia conviction was not a DNA-eligible conviction, and in finding that holding defendant in custody violated due process.

Appellate Information

• Decided 03/11/2006
• Published 03/13/2006

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, BEAM and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Raymond John Rigat (argued), Gilbride & Rigat, Clinton, CT, for Petitioner-Appellee., Ana Jordan (argued), Postconviction Litigation Div., Austin, TX, for Respondent-Appellant.