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SPROUSE v. STEPHENS

No. 13-70018.

748 F.3d 609 (2014)

Kent William SPROUSE, Petitioner-Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 2014.

Attorney(s) appearing for the Case

F. Clinton Broden (argued), Broden & Mickelsen, John Michael Helms, Jr., Esq. , Helms, Roberts & Diaz, L.L.P., Dallas, TX, for Petitioner-Appellant.

Fredericka Searle Sargent , Assistant Attorney General, Matthew Hamilton Frederick (argued), Assistant Solicitor General, Office of the Solicitor General for the State of Texas>, Austin, TX, for Respondent-Appellee.

Before SMITH, PRADO, and HIGGINSON, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

A jury found Kent Sprouse guilty of the capital murder of a police officer, and he was sentenced to death. Among many other issues raised on direct appeal and on state habeas corpus review, Sprouse challenged the jury instructions given during the punishment phase of his trial. He claimed that the instructions, in violation of the Eighth Amendment, effectively precluded the jury from considering...

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