VALDEZ v. COCKRELL

No. 99-41216.

287 F.3d 392 (2002)

Alberto VALDEZ, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 2002.


Attorney(s) appearing for the Case

Jeffrey Scott Levinger (argued), Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, William David Underwood (argued), Waco, TX, for Petitioner-Appellee.

Gregory Scott Coleman (argued), Lisa Royce Eskow, Meredith Bishop Parenti, Austin, TX, for Respondent-Appellant.

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

The petition for panel rehearing is DENIED. In denying rehearing, the panel believes that the opinion properly holds that the district court abused its discretion when it excluded four exhibits relevant to the issue of whether Valdez's counsel were ineffective for not investigating and presenting evidence at sentencing of his alleged mental retardation. As the opinion states, the exhibits are relevant because they existed at the time...

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