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McGOWEN v. THALER

Civil Action No. H-06-3182.

717 F.Supp.2d 626 (2010)

Roger Wayne McGOWEN, Petitioner, v. Rick THALER, Respondent.

United States District Court, S.D. Texas, Houston Division.

March 25, 2010.

Attorney(s) appearing for the Case

David R. Dow , Houston, TX, Paul Edward Mansur , Attorney at Law, Anthony Seymour Haughton, Haughton Assoc., Denver City, TX, for Petitioner.

Tina Dettmer Miranda , Office of the Attorney General, Austin, TX, for Respondents.

MEMORANDUM AND ORDER

MELINDA HARMON, District Judge.

Roger Wayne McGowen, a Texas inmate incarcerated under a capital conviction and death sentence, has filed a federal petition for a writ of habeas corpus. McGowen's petition claims that error infected both his conviction and sentence. Respondent seeks summary judgment. For the reasons discussed below, the Court finds that constitutional error in the...

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