United States Fifth Circuit

The Texas Court of Criminal Appeals' retroactive application of a new judicial interpretation of Texas law, which shifted the burden to the defendant to establish the statute of limitations as a defense, did not alter the definition of the crime of aggravated battery, and was not "contrary to, or an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" at the time of its decision. (Revised opinion)

Appellate Information

• Decided 03/12/2002
• Published 03/18/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before KING, Chief Judge, and DAVIS and MAGILL, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael B. Charlton (argued), Houston, TX, for Petitioners-Appellants.


• For Appellees:
  
• Charles A. Palmer, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.