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LITTLE v. DRETKE

No. CIV SA-02-CA-386-OG.

407 F.Supp.2d 819 (2005)

Leo Gordon LITTLE, TDCJ No. 999302, Petitioner, v. Douglas DRETKE, Director, Texas Department of Criminal Justice, Criminal Institutions Division, Respondent.

United States District Court, W.D. Texas, San Antonio Division.

April 29, 2005.

Attorney(s) appearing for the Case

J. Scott Sullivan, Attorney at Law, San Antonio, TX, for Leo Gordon Little.

Fredericka Sargent, Office of the Attorney General, Austin, TX, for Douglas Dretke.

MEMORANDUM OPINION GRANTING RELIEF

ORLANDO L. GARCIA, District Judge.

Petitioner Leo Gordon Little filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 challenging his Bexar County death sentence. The parties appear to be in agreement that, pursuant to the United States Supreme Court's recent decision in Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), petitioner...

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