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DAVIS v. SCOTT

No. 93-8855.

51 F.3d 457 (1995)

James Carl Lee DAVIS, Petitioner-Appellee, Cross-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 1995.

Attorney(s) appearing for the Case

John Jacks, Asst. Atty. Gen., Margaret P. Griffey, Dan Morales, Atty. Gen., Austin, TX, for appellant.

Roy E. Greenwood, Steven M. Orr, Austin, TX, for appellee.

Before KING, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The State of Texas appeals the district Court's conditional grant of habeas relief to James Carl Lee Davis, including conditional commutation of his death sentence, based upon his contention that the two Texas statutory special issues submitted to the jury, during the punishment phase of his trial, prevented it from giving effect to mitigating evidence of, inter alia, mental instability, in violation of the Eighth and...

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