United States Fifth Circuit

Where, over the defendant's objections, defense counsel explicitly conceded the defendant's guilt on certain felonies, did not contest the prosecution's evidence on those felonies, and urged the jury to find the defendant guilty of nothing less than second degree murder, the defendant was constructively denied the effective assistance of counsel.

Appellate Information

• Decided 03/05/2002
• Published 03/05/2002

Judges

• EMILIO M. GARZA, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Henry Clay Walker, IV (argued), Walker, Tooke & Lyons, Shreveport, LA, for Petitioner-Appellee., Catherine M. Estopinal, Asst. Dist. Atty. (argued), Shreveport, LA, for Respondent-Appellant.