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MOORE v. JOHNSON

No. 95-20871.

101 F.3d 1069 (1996)

Bobby James MOORE, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 1996.

Attorney(s) appearing for the Case

Richard Royce Fletcher, Kristi Franklin Hyatt, Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for petitioner-appellee.

Reneau Jean Longoria, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellant.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

In this capital case, the Director of the Texas Department of Criminal Justice, Institutional Division appeals from an order by the district court which reverses the judgment of the state trial court, grants Petitioner Moore habeas corpus relief, and remands the case for a new punishment hearing. Applying the new provisions of the recently enacted Antiterrorism and Effective Death Penalty Act of 1996, we reverse the judgment of the district...

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