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GUIDRY v. LUMPKIN

No. 20-70005.

2 F.4th 472 (2021)

Howard Paul GUIDRY, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED June 23, 2021.

Attorney(s) appearing for the Case

Gwendolyn Cecilia Payton , John R. Neeleman , Kilpatrick Townsend & Stockton, L.L.P., Seattle, WA, Adam Howard Charnes, Esq. , William Alan Wright , Kilpatrick Townsend & Stockton, L.L.P., Dallas, TX, for Petitioner-Appellant.

Ellen Stewart-Klein , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, for Respondent-Appellee.

Before Willett, Ho, and Oldham, Circuit Judges.

We withdraw the court's prior opinion of April 21, 2021 and substitute the following opinion.

Howard Paul Guidry was convicted of capital murder in Texas and sentenced to death. On federal habeas corpus review, the district court granted Guidry relief, and this court affirmed the grant of relief. Guidry was retried and resentenced to...

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