BREWER v. DRETKE

No. 04-70034.

410 F.3d 773 (2005)

Brent Ray BREWER, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 31, 2005.


Attorney(s) appearing for the Case

Michael Dennis Samonek, Olson, Nicoud & Gueck, Dallas, TX, for Brewer.

Edward Larry Marshall, Austin, TX, for Dretke.

Before JOLLY, SMITH and GARZA, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The district court conditionally granted, pursuant to 28 U.S.C. § 2254, death row inmate Brent Brewer's petition for writ of habeas corpus, holding that the special issues submitted during his punishment phase were a constitutionally inadequate vehicle for the jury to give effect to his mitigating evidence. The state appeals on the ground that the court failed properly to assess the reasonableness of the state court's adjudication...

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