United States Fifth Circuit

Grant of a petition for habeas relief from the imposition of the death penalty for his conviction for capital murder in the course of a robbery is reversed where: 1) the federal habeas court improperly granted an evidentiary hearing under 28 U.S.C. section 2254(e)(2) because petitioner did not diligently develop the factual basis for his ineffective assistance claim in state court; and 2) a state court's decision was not objectively unreasonable because petitioner could not show prejudice resulting from his counsel's alleged deficiency in not reviewing his medical history.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kenneth A. Williams (argued), University of Miami School of Law, Coral Gables, FL, Robert M. Rosenberg, Wilton Manors, FL, for Conner., Woodson Erich Dryden, Asst. Atty. Gen. (argued), Austin, TX, for Quarterman.