POLITZ, Chief Judge:
The State of Texas appeals the grant of a writ of habeas corpus vacating the death sentence imposed on Jim Vanderbilt and barring the reimposition of a death sentence at any subsequent sentencing proceeding. For the reasons assigned, we affirm in part and vacate in part.
Background
On April 1, 1975, Vanderbilt, a former police officer, kidnapped Katina Moyer, a 16-year-old girl, while she was in her car waiting to pick...
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