United States Fifth Circuit

A petition for rehearing en banc challenging a grant of habeas corpus relief is denied over the state's claims that: 1) in granting habeas relief, the court relied upon a legal theory that was not "clearly established" by the Supreme Court; and 2) the court improperly announced a new constitutional rule requiring the mandatory exclusion of certain venire members.

Appellate Information

• Decided 03/22/2006
• Published 03/22/2006

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jani J. Maselli, Houston, TX, Michael W. McCrum (argued), San Antonio, TX, for Brooks., Thomas M. Jones (argued), Austin, TX, for Dretke.