Paul Dwayne Humphrey v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent

SNEED, Circuit Judge:

The Director of the Texas Department of Corrections appeals the order of the district court granting Humphrey’s petition for a writ of habeas corpus. We reverse.

I

FACTS AND PROCEEDINGS BELOW

The disposition of this case requires that an odd corner of Ohio law be examined in order to resolve an unusual fact situation under Texas law. In 1978, an Ohio grand jury indicted Humphrey for aggravated robbery; he pleaded guilty and was sentenced to a term of imprisonment in the Ohio reformatory. In 1983 a Harris County, Texas district court tried Humphrey for aggravated robbery with…