OPINION JULIA SMITH GIBBONS, Circuit Judge. In this death penalty case, Warden David Bobby appeals the district court’s order granting William T. Montgomery’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and its denial of the State’s subsequent motion to reconsider that order under Federal Rule of Civil Procedure 59(e). See Montgomery v. Bagle…
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