United States Fifth Circuit

Denial of habeas relief as to three claims arising out of a conviction and death sentence is affirmed over claims of error that: 1) the jury instructions at the punishment phase of petitioner's trial did not give the jury a means for considering and giving full effect to the mitigation evidence he presented; 2) the jury improperly considered a prior conviction during the punishment phase that was later reversed on direct appeal; and 3) petitioner's rights under the Fourteenth Amendment were violated by a prosecutor who criticized defendant's counsel for cross-examining a rape victim who testified as a witness for the state.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Patrick F. McCann, Law Offices of Patrick F. McCann, Rosa Alexander Eliades, Eliades Law, PLLC, Houston, TX, for Hughes., Fredericka Searle Sargent, Austin, TX, for Quarterman.