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As amended November 13, 2001

Appeals from the United States District Court for the Western District of Texas

The district court granted a writ of habeas corpus to Jose Santellan, a death-sentenced Texas prisoner, after it concluded that no rational jury could find that he murdered his ex-girlfriend while in the course of attempted kidnapping. The federal court also concluded that the Texas Court of Criminal Appeals affirmed Santellan’s conviction on a factual basis sufficiently different from that espoused by the state at trial as to deny due process. Based on the appropriately deferential (AEDPA) standard of review of the state court’s decision, we hold that the state court did not unreasonably apply clearly established federal law and reverse the district court’s judgment. We also reject Santellan’s cross-appeal urging an ineffective assistance of counsel claim.

 
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