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HALL v. QUARTERMAN

No. 06-70041.

534 F.3d 365 (2008)

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

United States Court of Appeals, Fifth Circuit.

June 30, 2008.

Attorney(s) appearing for the Case

David Patrick Sheldon (argued), Law Offices of David P. Sheldon, Washington, DC, Gregory Burke Westfall, Westfall, Platt, Cutrer & Paschall, Fort Worth, TX, for Hall.

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

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PER CURIAM:

Michael Wayne Hall was convicted of capital murder in state court. He sought state and federal habeas relief, requesting in each forum a live evidentiary hearing on his claim of mental retardation. Each court denied his request. We granted a Certificate of Appealability.

I

Michael Wayne Hall was tried in Texas state court for the murder of Amy Robinson and convicted of capital murder by the jury. Although he was convicted prior to the...

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