PONDEXTER v. QUARTERMAN

No. 06-70048.

537 F.3d 511 (2008)

Willie Earl PONDEXTER, Jr., Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 2008.


Attorney(s) appearing for the Case

David R. Dow (argued), Houston, TX, for Pondexter.

Stephen M. Hoffman (argued), Austin, TX, for Quarterman.

Before BARKSDALE, BENAVIDES and STEWART, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

In 1994, Willie Earl Pondexter was convicted in Texas state court of capital murder and sentenced to death. Although he was denied habeas relief in state court in 1999, the district court granted such relief in September 2002. Our court vacated that relief in 2003, however, and remanded to district court. On remand, habeas relief was denied in September 2006. Pondexter contests that denial.

At issue, pursuant to the...

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