United States Fifth Circuit

Grant of conditional habeas relief on a claim of judicial bias from a conviction for capital murder and death sentence is vacated and relief denied where: 1) although various comments and actions by the trial judge both on and off the bench were highly improper; nevertheless, 2) under the AEDPA's highly deferential standard, a state habeas court's decision was neither an unreasonable application of controlling Supreme Court precedent, nor did it involve an unreasonable determination of the facts in light of the evidence presented.

Appellate Information

• Decided 04/11/2008
• Published 04/11/2008

Judges

• CARL E. STEWART, Circuit Judge:, Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richelieu Edward Wheelan, R.E. Wheelan & Associates, Patrick F. McCann (argued), Law Offices of Patrick F. McCann, Houston, TX, for Buntion., Thomas M. Jones (argued), Austin, TX, for Quarterman.