United States Fifth Circuit

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Coble v. Quarterman, 01-50010

In a death penalty case, a petition for rehearing is granted and denial of habeas relief on a claim that the Texas special issues were unconstitutional as applied to petitioner is reversed where, under recent Supreme Court precedent: 1) there was a reasonable likelihood that the Texas special issues precluded the jury from giving meaningful consideration and effect to petitioner's mitigating evidence; and 2) thus, a state court's determination that the special issues were constitutional as applied to petitioner was an unreasonable application of clearly established federal law as announced by the Supreme Court. (Opinion on rehearing)

Appellate Information

  • Decided 08/14/2007
  • Published 08/15/2007

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before JOLLY, GARZA and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Allen Richard Ellis, Law Office of A. Richard Ellis, Mill Valley, CA, for Coble., Edward Larry Marshall, Austin, TX, for Quarterman.