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NELSON v. QUARTERMAN

No. 02-11096.

472 F.3d 287 (2006)

Billy Ray NELSON, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 11, 2006.

Attorney(s) appearing for the Case

Jack Knox Wall (argued), Law Office of J.K. Rusty Wall, Midland, TX, for Nelson.

Edward Larry Marshall (argued), Austin, TX, for Quarterman.

Before JONES, Chief Judge, and KING, JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and OWEN, Circuit Judges.

CARL E. STEWART, Circuit Judge:

A panel of this court previously affirmed the district court's denial of Billy Ray Nelson's habeas corpus petition challenging his sentence on the ground that the Texas capital-sentencing procedure failed to give constitutionally sufficient effect to his mitigating evidence, in violation of Penry v. Lynaugh (Penry I), 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). See Nelson v...

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