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TENNY v. DRETKE

No. 04-50468.

416 F.3d 404 (2005)

James B. TENNY, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 2005.

Attorney(s) appearing for the Case

Willem G. Schuurman (argued), David B. Weaver, Avelyn Marie Ross, Vinson & Elkins, Austin, TX, for Tenny.

Tommy Lee Skagge (argued), Austin, TX, for Dretke.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

James B. Tenny was convicted in a Texas state court of the murder of Joyce Mulvey, the woman with whom he was living at the time. After unsuccessful state habeas proceedings, Tenny turned to federal court. The federal district court granted habeas relief based on trial counsel's failure to adequately investigate and elicit crucial evidence of self-defense. We affirm.

I

In 1997, Tenny and Mulvey were living...

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