United States Fifth Circuit

Denial of a death row inmate's petition for writ of habeas corpus is vacated where the procedural default applied by the Texas Court of Criminal Appeals to bar review of defendant's Batson claim was not "firmly established and regularly followed" by that court.

Appellate Information

• Decided 04/03/2006
• Published 04/03/2006

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, SMITH and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael B. Charlton (argued), Law Office of Michael B. Charlton, El Prado, TX, Paul Edward Mansur, Denver City, TX, for Rosales., Thomas M. Jones (argued), Austin, TX, for Dretke.