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REGISTER v. THALER

No. 10-10766.

681 F.3d 623 (2012)

Bradley Allen REGISTER, Petitioner-Appellee, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 2012.

Attorney(s) appearing for the Case

Kimberly S. Keller (argued), (Court-Appointed), Keller Stolarczyk, P.L.L.C., Boerne, TX, for Petitioner-Appellee.

James Patrick Sullivan (argued), Asst. Sol. Gen., Office of the Sol. Gen., Jon Rodney Meador , Asst. Atty. Gen., Postconviction Lit. Div., Office of the Atty. Gen., Austin, TX, for Respondent-Appellant.

Before HIGGINBOTHAM, OWEN and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court granted habeas relief under 28 U.S.C. § 2254 because the reporter for the state trial court lost her notes, impairing resolution of the prisoner's challenges to his conviction. We are persuaded that the district court could likely have reconstructed an adequate record, and we vacate the grant of relief and remand the case to the district court for further proceedings...

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