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AVILA v. QUARTERMAN

Civil No. EP-04-CA-419-FM.

499 F.Supp.2d 713 (2007)

Rigoberto AVILA, Jr., TDCJ No. 999391, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, W.D. Texas, El Paso Division.

July 13, 2007.

Attorney(s) appearing for the Case

Chris K. Gober, Nicholas & Barrera, J. Scott Sullivan, Attorney at Law, San Antonio, TX, Robin Norris, El Paso, TX, for Petitioner.

Thomas M. Jones, Assistant Attorney General, Austin, TX, for Respondent.

MEMORANDUM OPINION AND ORDER

MONTALVO, District Judge.

Petitioner Rigoberto Avila, Jr. filed this federal habeas corpus action pursuant to Title 28, United States Code, section 2254, collaterally attacking his otherwise final, May, 2001, El Paso County conviction for capital murder and sentence of death. For the reasons set forth in detail below, petitioner is entitled to partial federal habeas corpus relief regarding his sentencing but not entitled...

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