United States Fifth Circuit

Denial of petition for habeas corpus is affirmed where: 1) one or more jurors' exposure to extraneous material was harmless error; 2) a Batson claim relating to juror was procedurally barred since the state court has held that record based claims not raised on direct appeal will not be considered in habeas proceedings; and 3) even if the court erred in denying defendant's juror challenges for cause, there was no constitutional violation because the jurors were removed from the jury by his use of peremptory challenges and he has not alleged that the jury that sat in his capital murder trial was not impartial.

Appellate Information

• Decided 07/31/2007
• Published 07/31/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Patrick Abbott (argued), Coppell, TX, for Dorsey., Fredericka Searle Sargent (argued), Austin, TX, for Quarterman.