United States Fifth Circuit

In the state's appeal from a grant of petitioner's habeas petition in a murder prosecution, the order is reversed where: 1) petitioner failed to exhaust his Confrontation Clause claim in state court; 2) there was no indication in the state court adjudication that suggested a reliance on any procedural vehicle rather than the merits to deny relief; 3) it was not unreasonable to conclude that defense counsel did not render constitutionally deficient performance by failing to pursue a confrontation objection; and 4) the absence of a fingerprint expert did not cause petitioner prejudice that warrants habeas relief.

Appellate Information

• Decided 06/25/2010
• Published 06/25/2010

Judges

• KING, Circuit Judge:, Before KING, STEWART, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel