Montoya v. Scott

EMILIO. M. GARZA, Circuit Judge:

Wayne Scott, Director of the Texas Department of Criminal Justice, appeals, and trineo Montoya cross-appeals, from the district court’s conditional grant of Montoya’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988). We affirm in part, reverse in part, and remand with instructions to deny relief.

I

Montoya and a friend, Juan Villaviceneio, killed John Kilheffer after Kilheffer picked them up hitchhiking home from the Port of Brownsville, Texas. In his confession, Montoya claimed that he held Kilheffer in the back seat while Villaviceneio, who…