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HORN v. QUARTERMAN

No. 05-70059.

508 F.3d 306 (2007)

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

United States Court of Appeals, Fifth Circuit.

November 15, 2007.

Attorney(s) appearing for the Case

Franklin Ray Mickelsen, Jr. (argued), Broden & Mickelsen, Dallas, TX, for Horn.

Thomas M. Jones (argued), Austin, TX, for Quarterman.

Before GARWOOD, BARKSDALE and GARZA, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant Patrick Horn (Horn) was convicted of capital murder in Texas state court and sentenced to death. After Horn filed a petition for habeas relief under 28 U.S.C. § 2254 in federal district court, the United States Supreme Court decided Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), declaring unconstitutional the execution of those under eighteen at the time...

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