United States Fifth Circuit

A conviction for murder and possessing a dangerous weapon in federal prison 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 erroneously refused to conduct an in camera hearing to determine whether defendant's due process rights were violated as a result of preindictment delay; 4) defendant received ineffective assistance of counsel; and 5) defendant was not present when a jury note was read and the district court responded to the jury's request to recess.

Appellate Information

• Decided 04/30/2008
• Published 05/01/2008

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.