United States Fifth Circuit

A petition for rehearing brought by the state asking for reconsideration of a grant of habeas relief is denied over claims that the court, in granting habeas relief, relied upon a legal theory that was not "clearly established" by the Supreme Court, and that the court announced a new constitutional rule requiring the mandatory exclusion of certain venire members in violation of Teague.

Appellate Information

• Decided 03/25/2006
• Published 03/28/2006

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.