United States Fifth Circuit

Denial of a death row inmate's habeas petition and his motion for a certificate of appealability (COA) are affirmed and denied, respectively, over claims of error regarding whether: 1) the Texas retaliation statute was an unconstitutional ex post facto law when applied to him; 2) the trial court improperly excluded a veniremember from jury service because of her views regarding the death penalty; and 3) the trial court improperly instructed the jury on the requisite burden of proof for imposition of the death penalty.

Appellate Information

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

Judges

• PER CURIAM:, Before SMITH, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robin Norris, Hart & Norris, El Paso, TX, for Ortiz., Ellen Stewart-Klein, Austin, TX, for Quarterman.