United States Fifth Circuit

A conditional grant of habeas relief from a capital murder conviction is reversed where the district court erred in its decision as finding a state court's decision contrary to, or an unreasonable application of, clearly established Supreme Court precedent with regards to a Penry jury instruction issue. (Substituted opinion)

Appellate Information

• Decided 03/01/2006
• Published 03/02/2006

Judges

• PER CURIAM:, Before JOLLY, SMITH and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Dennis Samonek, Denton, TX, for Brewer., Edward Larry Marshall, Austin, TX, for Dretke.