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DUHAMEL v. COLLINS

No. 91-2960.

955 F.2d 962 (1992)

Emile Pierre DUHAMEL, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 1992.

Attorney(s) appearing for the Case

Andrea L. March, Asst. Atty. Gen., Don Morales, Atty. Gen., Austin, Tex., for respondent-appellant.

Harold W. Hemstreet, III, Staff Atty., Inmate Legal Services, Sugar Land, Tex., W.L. White, TDCJ-ID Inmate Legal Services, Huntsville, Tex., for petitioner-respondent.

Before JOLLY, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this capital murder case, Emile Pierre Duhamel was convicted by the state of Texas of murdering Jonette Edmunds in the course of committing aggravated sexual assault. He was sentenced to death. In these habeas proceedings that have followed, the Texas courts have upheld this sentence. The federal district court, however, granted Duhamel's petition for habeas relief and commuted his death sentence to life imprisonment. The district...

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