United States Fifth Circuit

In a capital murder case, an order granting a petition for habeas corpus on petitioner's equal protection claim is vacated where the district court failed to give proper deference to the Texas Court of Criminal Appeals' findings of fact pursuant to 28 U.S.C. section 2254 with regards to petitioner's Batson challenge.

Appellate Information

• Decided 01/17/2007
• Published 01/18/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and STEWART and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Philip Harlan Hilder, James Gregory Rytting (argued), Hilder & Associates, Houston, TX, for Moody., Carla Elaina Eldred (argued), Austin, TX, for Quarterman.