United States Fifth Circuit

Murder conviction is affirmed over claims that trial judge denied petitioner his constitutional right to due process by declining to recuse himself after petitioner assaulted him. Petitioner's death sentence is vacated on the ground that that punishment phase jury instructions prevented the jury from acting upon petitioner's mitigating evidence.

Appellate Information

• Decided 07/28/2003
• Published 07/29/2003

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Danny D. Burns, Fort Worth, TX, for Bigby., Edward Larry Marshall, Austin, TX, for Dretke.