United States Fifth Circuit

Certificate of Appealability (COA) is denied on claims that 1) the jury was precluded from considering mitigating evidence during sentencing, 2) petitioner was denied the right to trial by an impartial jury, and 3) counsel rendered ineffective assistance.(Revised opinion)

Appellate Information

• Decided 07/17/2003
• Published 08/25/2003

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JOLLY, DAVIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregory Ronald Merz (argued), Thomas L. Johnson, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, MN, for Petitioner-Appellant.


• For Appellees:
  
• John Andrew Hutton (argued), Austin, TX, for Respondent-Appellee.