Emmit Charles Lyons v. O.L. McCotter Director, Texas Department of Corrections

ROBERT MADDEN HILL, Circuit Judge:

The director of the Texas Department of Corrections (the director) appeals from the judgment of the district court which adopted the magistrate’s findings, conclusions, and recommendation that the application for writ of habeas corpus of Emmit Charles Lyons, a state prisoner, should be granted and which directed the state of Texas to retry or release Lyons within 120 days of entry of the judgment. The district court reasoned that Lyons was denied effective assistance of counsel in his trial for aggravated robbery with a deadly weapon when his counsel failed…