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RICHARDS v. QUARTERMAN

No. 08-10934.

566 F.3d 553 (2009)

Albert Clinton RICHARDS, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 27, 2009.

Attorney(s) appearing for the Case

Danny D. Burns (argued), (Court-Appointed), Fort Worth, TX, for Richards.

Susan Frances San Miguel (argued), Postconviction Lit. Div., Austin, TX, for Quarterman.

Before KING, BENAVIDES and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

Respondent-Appellant Nathaniel Quarterman, Director of the Correctional Institutions Division of the Texas Department of Criminal Justice ("the State") appeals the district court's grant of habeas relief under 28 U.S.C. § 2254 to Petitioner-Appellee Albert C. Richards ("Richards"). We affirm.

I. Factual and Procedural Background

Richards was convicted, after rejecting a plea offer of five years, of murdering...

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