United States Fifth Circuit

In a death penalty case, denial of habeas relief is affirmed over a Brady claim where, even assuming the pretrial interview recordings at issue contained beneficial impeachment evidence, other evidence of petitioner's intent to kill prevented the circuit court from concluding that the state court's immateriality determination resulted in a decision that involved an unreasonable application of federal law.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Ronald T. Spriggs (argued), Amarillo, TX, Michael P. Heiskell, Johnson, Vaughn & Heiskell, Fort Worth, TX, for Petitioner-Appellant.


• For Appellees:
  
• Ellen Stewart-Klein (argued), Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.