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BALENTINE v. THALER

No. 09-70026.

626 F.3d 842 (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.

November 17, 2010.

Attorney(s) appearing for the Case

Lydia M. Brandt (argued), Brandt Law Firm, P.C., Richardson, TX, for Balentine.

Katherine Diane Hayes , Asst. Atty. Gen. (argued), Postconviction Lit. Div., Sean Daniel Jordan, Deputy Sol. Gen., James Patrick Sullivan , Asst. Sol. Gen., Austin, TX, for Thaler.

Before STEWART, OWEN and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

No judge in active service on this court requested that the court be polled in response to the petition for rehearing en banc. The petition is denied. The petition for rehearing by the panel is GRANTED. The prior opinion is withdrawn, and this opinion is substituted.

John Lezell Balentine, a Texas prisoner sentenced to death, appeals the district court's denial of his Rule 60(b) motion to set aside that court's 2009 judgment...

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