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BARRIENTES v. JOHNSON

No. 98-40348.

221 F.3d 741 (2000)

Antonio BARRIENTES, Petitioner-Appellee-Cross-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 2000.

Attorney(s) appearing for the Case

Howard A. Haenel (argued), Antonio, Bates & Bernard, Denver, CO, Joseph A. Connors, III, McAllen, TX, Todd E. Kastetter, Montgomery, Kolodny, Amatuzio, Dusbabek & Parker, Denver, CO, for Barrientes.

Erik E. Cary (argued), Minter, Joseph & Thornhill, Austin, TX, for Johnson.

Before KING, Chief Judge, and SMITH and STEWART, Circuit Judges.

KING, Chief Judge:

In this habeas case, the district court granted relief on six claims related to the penalty phase of Petitioner Antonio Barrientes's capital murder trial and vacated Barrientes's death sentence. The court denied all other claims and an application for a certificate of probable cause. Respondent Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, appeals from that portion of the district court's order granting...

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