United States Fifth Circuit

In a death penalty case, motions for authorization to file a successive petition and for a stay of execution are denied over claims of error regarding: 1) admission of a non-testifying co-defendant's statement into evidence violated his right of confrontation; 2) cross-examination was improperly limited; 3) freestanding claim of innocence; and 4) an Eighth Amendment claim based on Atkins.

Appellate Information

• Decided 07/19/2006
• Published 07/20/2006

Judges

• BENAVIDES, Circuit Judge:, Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Kenneth Sergi, Sergi & Associates, San Marcos, TX, for Brown.