United States Fifth Circuit

In a direct appeal in a federal death penalty case, defendant's convictions and death sentence are affirmed over his claims of error regarding: 1) the admission of testimonial hearsay at his capital sentencing proceeding; 2) an Allen charge; 3) the government's closing argument; 4) expert testimony on future dangerousness; 5) a Ring claim; 6) a failure to consult the public defender on appointed counsel; 7) arguments relating to his trial attorney's alleged conflict of interest; 8) jury instruction; 9) admission of evidence; 10) a requirement that defendant wear a stun belt at trial; 11) juror exclusion; 12) prosecutorial misconduct; 13) management of standby counsel; and 14) cumulative error.

Appellate Information

• Decided 03/29/2007
• Published 03/30/2007

Judges

• BENAVIDES, Circuit Judge, writing for the Court except as to Parts II.A.1-3. JERRY E. SMITH, Circuit Judge, writing for the Court in Parts II.A.1-3 1., Before KING, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Steven L. Lane (argued), U.S. Dept. of Justice, Crim, Div., Washington, DC, for U.S., Robert Charles Owen (argued), Owen & Rountree, Austin, TX, for Fields., David William DeBruin, Jenner & Block, Washington, DC, for Amicus Curiae.