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BUNTION v. QUARTERMAN

No. 06-70024.

524 F.3d 664 (2008)

Carl Wayne BUNTION, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 11, 2008.

Attorney(s) appearing for the Case

Richelieu Edward Wheelan, R.E. Wheelan & Associates, Patrick F. McCann (argued), Law Offices of Patrick F. McCann, Houston, TX, for Buntion.

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

Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Carl Wayne Buntion was convicted of capital murder and sentenced to death in 1991. The district court granted Buntion conditional habeas relief on his claim of judicial bias. The State appeals the district court's grant of conditional habeas relief. Bound by the strictures of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (1996), we VACATE the district court's grant of conditional...

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