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GARCIA v. QUARTERMAN

No. 03-11097.

456 F.3d 463 (2006)

Fernando GARCIA, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 2006.

Attorney(s) appearing for the Case

Alexander Lee Calhoun (argued), Law Office of Alex Calhoun, Austin, TX, for Garcia.

Fredericka Searle Sargent (argued), Austin, TX, for Quarterman.

Before JONES, Chief Judge, and BENAVIDES and CLEMENT, Circuit Judges.

EDITH H. JONES, Chief Judge:

This appeal raises questions concerning whether a petitioner is entitled to a new sentencing hearing for capital murder based on the Supreme Court's Penry line of cases,1 whose purpose is to afford effective jury consideration of evidence mitigating a defendant's moral culpability. The district court granted COA on this sole issue, after rejecting the others petitioner raised. After careful review, we...

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