Bobby James Moore v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH, EMILIO M. GARZA and DeMOSS, Circuit Judges. DeMOSS, Circuit Judge:

The Director of the Texas Department of Criminal Justice, Institutional Division appeals from the district court’s final judgment granting Bobby James Moore’s petition for habeas corpus relief from his capital sentence and remanding to the state court for a new punishment hearing. 1 We affirm, as modified by this opinion, and remand with instructions.

I

The district court’s decision in this matter left the state trial court’s judgment of guilt intact, but granted…