United States Fifth Circuit

Where petitioner made ineffective assistance of counsel claim after defense attorney failed to object to prosecutor's testimony and continued prosecution of the case, although there was no "reasonable tactical basis" for such failure to object, habeas relief was denied because petitioner failed to show the requisite substantial effect on his right to fair trial.

Appellate Information

• Decided 04/15/2002
• Published 04/15/2002

Judges

• CARL E. STEWART, Circuit Judge:, Before JOLLY, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Warren Lee Clark (argued), Amarillo, TX, Sam L. Ogan, Asst. Fed. Pub. Def. (argued), Dallas, TX, for Petitioner-Appellant.


• For Appellees:
  
• Edward Larry Marshall (argued), Austin, TX, for Respondent-Appellee.