Millard Eugene Childress, Cross-Appellant v. James A. Lynaugh, Director, Texas Department of Corrections, Cross-Appellee

REAVLEY, Circuit Judge:

Millard Eugene Childress, a Texas prisoner convicted of aggravated assault, applied for habeas relief under 28 U.S.C. § 2254, asserting that he received ineffective assistance of counsel at his original trial in violation of the Sixth Amendment and was denied due process in violation of the Fourteenth Amendment. The district court held that Childress received ineffective assistance of counsel and ordered a retrial. The State of Texas (the “State”) appeals and Childress cross-appeals contending that he is entitled to immediate release. We hold that Childress' claims of…