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EX PARTE HATHORN

No. AP-75917.

296 S.W.3d 570 (2009)

Ex Parte Gene Wilford HATHORN, Jr., Applicant.

Court of Criminal Appeals of Texas.

April 8, 2009.

Attorney(s) appearing for the Case

David K. Sergi, San Marcos, for Appellant.

Steven M. Todd, District Atty. Pro Tem for Trinity County, Asst. Atty. Gen., Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

MEYERS, J., delivered the opinion of the Court in which PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Applicant was convicted of capital murder and sentenced to death in 1985. On direct appeal, we affirmed his conviction and sentence. Hathorn v. State, 848 S.W.2d 101 (Tex.Crim.App.1992). While Applicant's direct appeal was pending before us, the United States Supreme Court handed...

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