United States Fifth Circuit

State courts did not unreasonably apply clearly established Federal law or reach unreasonable findings of fact in finding that petitioner was not constructively denied the assistance of counsel post-trial, for purposes of filing a new trial motion based on juror disqualification, where (a) disqualification might have been discovered earlier, and (b) petitioner's attorney could reasonably rely on county's juror pre-screening procedures.

Appellate Information

• Decided 03/28/2002
• Published 03/28/2002

Judges

• EDITH H. JONES, Circuit Judge:, Before JONES, SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Randy Schaffer (argued), Schaffer & Henley, Houston, TX, for Petitioner-Appellant.


• For Appellees:
  
• Karyl Krug, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.