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HODGES v. EPPS

No. 10-70027.

648 F.3d 283 (2011)

Quintez Wren HODGES, Petitioner-Appellee, v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 29, 2011.

Attorney(s) appearing for the Case

Robert Bruce McDuff , Jackson, MS, Justin Lee Heather , Korey, Cotter, Heather & Richardson, L.L.C., Frances P. Kao (Court-Appointed), Skadden, Arps, Slate, Meagher & Flom, L.L.P., Chicago, IL, for Petitioner-Appellee.

Lisa Colonias McGovern , Sp. Atty. to the Atty. Gen., Marvin Luther White, Jr. , Asst. Atty. Gen., Jackson, MS, for Respondent-Appellant.

Before KING, BENAVIDES and ELROD, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner-Appellee Quintez Wren Hodges ("Hodges"), convicted of capital murder and kidnapping in Mississippi and sentenced to death and twenty years in prison, respectively, filed a petition for federal habeas relief in district court. The district court granted habeas relief with respect to the sentencing phase of trial, ruling that the sentencing instructions incorrectly informed the jurors that Hodges would be eligible for parole in violation...

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