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HEARN v. THALER

No. 11-70006.

669 F.3d 265 (2012)

Yokamon Laneal HEARN, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 2012.

Attorney(s) appearing for the Case

Richard H. Burr, III (Court-Appointed), Burr & Welch, P.C., Naomi E. Terr (Court-Appointed), Texas Defender Serv., Houston, TX, for Petitioner-Appellant.

Georgette P. Oden , Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Yokamon Laneal Hearn was charged in Texas state court with the murder of Joseph Franklin Meziere. A jury found Hearn guilty of murder committed in the course of a kidnapping and robbery—a capital offense—and the state court sentenced him to death based on the jury's verdict on the two special issues at sentencing. Hearn petitioned unsuccessfully for post-conviction relief in state court and his initial federal habeas...

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