ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This case returns to us on remand from the Supreme Court sub nom Jalil AbdulKabir, fka Ted Calvin Cole, Petitioner v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, following the Court’s grant of a Writ of Certiorari to consider our affirmance of the district court’s denial of habeas relief. The Supreme Court reversed our judgment and remanded this case to us for further proceedings consistent with the opinion of the Court. Accordingly, we remand this case to the District Court for Northern District of Texas from whence it came, with instructions to grant habeas corpus relief to the Petitioner by reversing and vacating the sentence of death by lethal injection imposed and affirmed by the courts of the State of Texas and remanding this case to those courts with instruction to the State of Texas either to conduct a new punishment-phase trial within one hundred eighty (180) days following the federal district court’s remand or, in lieu thereof, to impose the appropriate prison sentence in light of the date on which the Petitioner committed his crime of conviction.

REVERSED and REMANDED with instructions.