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WILL v. LUMPKIN

No. 18-70030.

978 F.3d 933 (2020)

Robert Gene WILL, II, Petitioner-Appellant, v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 22, 2020.

Attorney(s) appearing for the Case

Samy Kamal Khalil, Esq. , Gerger Khalil Hennessy & McFarlane, Chad Flores, Esq. , Beck Redden, L.L.P., Houston, TX, Jason Charles Ewart , Karen Christine Hogan Otto , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, for Petitioner-Appellant.

Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Jennifer Wren Morris , Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.

Before Owen, Chief Judge, and Willett and Ho, Circuit Judges.

ON PETITION FOR REHEARING

The petition for panel rehearing is GRANTED. We withdraw our prior opinion, Will v. Lumpkin, 970 F.3d 566 (5th Cir. 2020), and substitute the following.

Robert Gene Will II was sentenced to death by a Texas jury for the murder of Harris County Sheriff's Deputy Barrett...

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