United States Fifth Circuit

Conditional habeas relief for defendant's sentencing for capital murder based on a Brady challenge is vacated where there was no reasonable probability that defendant would not have received the death penalty even had the allegedly suppressed evidence been disclosed.

Appellate Information

• Decided 11/16/2005
• Published 11/16/2005

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, GARZA and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Philip Harlan Hilder, James Gregory Rytting (argued), Hilder & Associates, Houston, TX, for Miller., Kelli L. Weaver (argued), Austin, TX, for Dretke.