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HALL v. THALER

No. 09-70015.

597 F.3d 746 (2010)

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

United States Court of Appeals, Fifth Circuit.

February 22, 2010.

Attorney(s) appearing for the Case

David Patrick Sheldon (Court-Appointed), Law Offices of David P. Sheldon, Washington, DC, Bryce Edward Benjet (Court-Appointed), Hull, Henricks & MacRae, Austin, TX, for Hall.

Thomas Merrill Jones, Asst. Atty. Gen., Postconviction Lit. Div., Austin, TX, for Thaler.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PER CURIAM:

We previously remanded this habeas matter to the district court for an evidentiary hearing on whether the petitioner is mentally retarded and, thus, ineligible for the death penalty, a sentence of the Texas state court.1 After conducting a hearing, the federal district court found that Hall was not retarded. Reasonable jurists would not disagree with the careful analysis of the district court or that the issues presented were...

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