Roberto De La Rosa v. James A. Lynaugh, Interim Director, Texas Department of Corrections

JOHN R. BROWN, Senior Circuit Judge:

Roberto De La Rosa appeals the District Court’s denial of his Petition for Writ of Habeas Corpus. De La Rosa entered a bar and fired a gun at Joe Lee, Jr., killing both Lee and an eight year old bystander, John David Rodriguez. Petitioner claims under the Fifth Amendment that the State of Texas is collaterally estopped from trying him in a subsequent trial for the murder of Joe Lee, Jr., since he was previously tried and convicted of voluntary manslaughter for the homicide of the bystander using a theory of transferred intent. The State of Texas pursued…