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HALL v. STATE

No. 73787.

160 S.W.3d 24 (2004)

Michael Wayne HALL, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

Opinion Dissenting from Denial of Rehearing September 15, 2004.

Attorney(s) appearing for the Case

Danny D. Burns, Fort Worth, for Appellant.

Helena F. Faulkner, Assistant District Attorney, Fort Worth, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

OPINION

KELLER, P.J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY and COCHRAN, JJ., joined.

In accordance with instructions from the United States Supreme Court, we reconsider this case in light of Atkins v. Virginia.1 We shall affirm.

I. BACKGROUND

A. Procedural history

In January of 2000, appellant's trial for capital murder began. At trial, evidence...

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