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MOORE v. JOHNSON

No. 95-20871.

185 F.3d 244 (1999)

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.

August 10, 1999.

Attorney(s) appearing for the Case

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

Reneau Jean Longoria, Austin, TX, for Respondent-Appellant.

Before SMITH, EMILIO M. GARZA and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

The Director of the Texas Department of Criminal Justice, Institutional Division appeals from the district court's final judgment granting Bobby James Moore's petition for habeas corpus relief from his capital sentence and remanding to the state court for a new punishment hearing.1 We affirm, as modified by this opinion, and remand with instructions.

I.

The district court's decision in this matter...

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