United States Fifth Circuit

Defendant's conviction for murder and aiding and abetting the murder is affirmed over claims that: 1) there was insufficient evidence to prove guilt; 2) the district court improperly excluded evidence of the victim's specific prior acts of violence; 3) the district court refused to conduct an in camera hearing to determine whether his due process rights were violated as a result of pre-indictment delay; 4) he received ineffective assistance of counsel; and 5) he was not present when the district court instructed the jury to continue deliberating.

Appellate Information

• Decided 04/08/2008
• Published 04/09/2008

Judges

• PER CURIAM:, Before KING, DeMOSS and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Traci Lynne Kenner, Asst. U.S. Atty. (argued), Tyler, TX, Joseph R. Batte, Asst. U.S. Atty., Beaumont, TX, for U.S., Zachary Joseph Hawthorn (argued), Law Office of Joseph C. Hawthorn, Beaumont, TX, for Gulley.