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MOORE v. JOHNSON

No. 95-20871.

194 F.3d 586 (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.

October 27, 1999.

Attorney(s) appearing for the Case

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

Douglas A. Danzeiser (argued), Austin, TX, for Respondent-Appellant.

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

DeMOSS, Circuit Judge:

The original panel opinion (presently available at 185 F.3d 244 (5th Cir. Aug.10, 1999)) is hereby withdrawn and replaced with the following.

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...

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