DURBIN v. COCKRELL, (W.D.Tex. 2002)

SAM SPARKS, United States District Judge

BE IT REMEMBERED on the 12th day of November 2002 the Court entered its order conditionally granting petitioner Clyde Durbin, Jr.'s petition for writ of habeas corpus under 28 U.S.C. § 2254 against respondent Janie Cockrell, and thereafter the Court enters the following judgment:

IT IS ORDERED, ADJUDGED, and DECREED that petitioner Clyde Durbin, Jr.'s petition for writ of habeas corpus under 28 U.S.C. § 2254 against respondent Janie Cockrell is CONDITIONALLY GRANTED and that the state SHALL give Durbin the opportunity to withdraw his guilty plea or grant him a new trial in Cause No. 5059 in the 33rd Judicial District Court of Burnet County by November 21, 2002, or the respondent SHALL release Durbin from custody.