MOODY v. QUARTERMAN

No. 02-21245.

476 F.3d 260 (2007)

Stephen Lindsey MOODY, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 2007.


Attorney(s) appearing for the Case

Philip Harlan Hilder, James Gregory Rytting (argued), Hilder & Associates, Houston, TX, for Moody.

Carla Elaina Eldred (argued), Austin, TX, for Quarterman.

Before JONES, Chief Judge, and STEWART and DENNIS, Circuit Judges.


CARL E. STEWART, Circuit Judge:

The Director of the Texas Department of Criminal Justice, Nathaniel Quarterman ("the State"), appeals from the district court's provisional grant of habeas relief in favor of Stephen Lindsey Moody ("Moody"). Moody filed the underlying petition for habeas relief asserting ineffective assistance of counsel and violation of his equal protection rights pursuant to Batson v. Kentucky, 476 U.S. 79, 106...

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