United States Fifth Circuit

In claims alleging ineffective assistance through counsel's alleged denial of his right to testify during the penalty phase, and adoption of a trial strategy with which petitioner did not agree, the petitioner failed to make a showing of the denial of a constitutional right.(Revised opinion)

Appellate Information

• Decided 12/11/2002
• Published 01/16/2003

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Michael Hurley, Waco, TX, for Petitioner-Appellant.


• For Appellees:
  
• Carla Elaina Eldred, Austin, TX, for Respondent-Appellee.