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ROMERO v. LYNAUGH

No. 88-6100.

884 F.2d 871 (1989)

Jesus ROMERO, Petitioner-Appellee, Cross-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 1989.

Attorney(s) appearing for the Case

Robert S. Walt, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellant cross-appellee.

George Scharmen, San Antonio, Tex. (Court-apoointed), for petitioner-appellee cross-appellant.

Before CLARK, Chief Judge, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this death penalty case, the State of Texas appeals from the grant of Jesus Romero's application for writ of habeas corpus. The United States District Court for the Southern District of Texas concluded that Romero's lawyer so abbreviated the closing argument and otherwise failed to offer mitigating circumstances in the sentencing phase of the trial that he failed to render constitutionally required assistance. The court ordered...

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