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PIERCE v. THALER

No. 08-70042.

604 F.3d 197 (2010)

Anthony L. PIERCE, Petitioner-Appellee Cross-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 2010.

Attorney(s) appearing for the Case

Paul Edward Mansur (argued) (Court-Appointed), Denver City, TX, David R. Dow (Court-Appointed), Texas Defender Serv., Houston, TX, for Pierce.

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

Before KING, DENNIS and OWEN, Circuit Judges.

KING, Circuit Judge:

The petitioner-appellee, Anthony L. Pierce, was sentenced to death in 1986 in Texas state court for a murder committed during the course of a robbery in 1977. After exhausting his state-court avenues for postconviction relief in 2007, he sought habeas relief under 28 U.S.C. § 2254 in federal district court. The district court vacated Pierce's death sentence and ordered resentencing, finding that the statutory special issues presented to the...

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