BALENTINE v. THALER

No. 09-70026.

609 F.3d 729 (2010)

John Lezell BALENTINE, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 2010.


Attorney(s) appearing for the Case

Lydia M. Brandt (argued), Brandt Law Firm, P.C., Richardson, TX, for Petitioner-Appellant.

Katherine Diane Hayes, Asst. Atty. Gen. (argued), Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before STEWART, OWEN and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

John Lezell Balentine, a Texas prisoner sentenced to death, appeals the denial of his motion to set aside the judgment that a year earlier had denied him habeas corpus relief. We find the prior judgment should have been set aside because of a subsequent state court ruling. We REVERSE and REMAND for an evidentiary hearing on whether Balentine's trial counsel ineffectively investigated for mitigation evidence to present during sentencing...

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