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MEJIA v. DAVIS

No. 17-41137.

906 F.3d 307 (2018)

David MEJIA, Petitioner-Appellee, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 11, 2018.

Attorney(s) appearing for the Case

David Adler , Bellaire, TX, Nelson Ebaugh, Esq. , Houston, TX, for Petitioner-Appellee.

Kyle Douglas Hawkins , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Jon Rodney Meador , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellant.

Before DAVIS, HAYNES, and DUNCAN, Circuit Judges.

The State of Texas appeals a grant of habeas corpus ordering petitioner David Mejia to be retried for killing Marcos Torres. During a bar fight in 1998, Mejia stabbed Torres in the heart with a steak knife Mejia was carrying in his back pocket. Mejia's experienced attorney, Alex Luna, deployed a self-defense strategy...

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