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WARDRIP v. LUMPKIN

No. 18-70016.

976 F.3d 467 (2020)

Faryion Edward WARDRIP, Petitioner-Appellant Cross-Appellee v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 21, 2020.

Attorney(s) appearing for the Case

Bruce Edward Anton , Udashen Anton, Dallas, TX, Mary Margaret Penrose , Texas A&M University, Fort Worth, TX, for Petitioner-Appellee Cross-Appellant.

Kyle Douglas Hawkins , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Katherine D. Hayes , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent-Appellant Cross-Appellee.

Before HIGGINBOTHAM, SOUTHWICK, and HO, Circuit Judges.

A state prisoner serving a capital sentence filed an application for a writ of habeas corpus in federal court. The federal district court granted relief based on the ineffectiveness of the prisoner's state trial counsel during the sentencing phase. The court ordered the prisoner's release if the State,...

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