ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Pursuant to the mandate of the Supreme Court of the United States, see Miller-El *803 v. Dretke, — U.S.-, 125 S.Ct. 2817, — L.Ed.2d - (Jun. 13, 2005), the above styled and numbered petition is remanded to the district court with instructions that an order be entered: (1) granting the petition for writ of habeas corpus; (2) setting aside Petitioner’s conviction and sentence for capital murder; (3) ordering the release of Petitioner from custody unless the State grants Petitioner a new trial within 120 days from the date of the entry of the district court’s order; and (4) entering final judgment for Petitioner.

REMANDED WITH INSTRUCTIONS.