United States Fifth Circuit

In a death penalty case, an application Certificate of Appealability (COA) brought after habeas relief was denied is granted in part and denied in part as petitioner was entitled to a COA on claims regarding: 1) a denial of a request for discovery of files regarding contact between the prosecution and an informant; 2) a Penry claim arguing that the former Texas capital sentencing scheme did not permit the sentencing jury to consider fully his mitigating evidence; and 3) a claim that his due process rights violated by a denial of a requested jury instruction on first-degree, non-capital murder as a lesser included offense.

Appellate Information

• Decided 10/09/2007
• Published 10/10/2007

Judges

• PRADO, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James William Marcus, Austin, TX, Robert Charles Owen, (argued), Owen & Rountree, Austin, TX, for Reed., Fredericka Searle Sargent (argued), Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Quarterman.