Anthony Graves v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

W. EUGENE DAVIS, Circuit Judge:

Petitioner Anthony Graves appeals the district court’s denial of his writ of habeas corpus. Because we conclude that the statements suppressed from the defense were both exculpatory and material, we reverse the judgment of the district court with instructions to grant Graves’ writ of habeas corpus.

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Anthony Graves was convicted of capital murder and sentenced to death in 1994 for the capital offense of murdering six people in the same transaction. The procedural history of Graves’ conviction, post-conviction appeals and writ petitions is presented in our previous…