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PONDEXTER v. DRETKE

No. 02-41543.

346 F.3d 142 (2003)

Willie Earl PONDEXTER, Jr., Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed September 16, 2003.

Attorney(s) appearing for the Case

David R. Dow (argued), University of Houston Law Center, Houston, TX, for Petitioner-Appellee.

Gena Blount Bunn, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellant.

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner Willie Earl Pondexter, Jr., (Pondexter) was convicted of capital murder in Texas and sentenced to death. After exhausting his remedies in state court, Pondexter filed a petition for federal habeas corpus in district court. In an unpublished opinion, the district court granted relief with respect to the claim that trial counsel rendered ineffective assistance by failing to consult with and offer the testimony of a pathologist during...

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