United States Fifth Circuit

Denial of federal habeas petition is reversed and remanded for a de novo hearing of appellant's ineffective assistance of counsel claims, as the state habeas trial court's findings do not survive review where the appellate court did not specify which facts it accepted and which it rejected in denying the petition.

Appellate Information

• Decided 12/09/2008
• Published 12/10/2008

Judges

• HAYNES, Circuit Judge:, Before JOLLY, BARKSDALE and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark E. Olive, Tallahassee, FL, Morris H. Moon (argued), Texas Def. Serv., Houston, TX, Walter C. Long, Law Office of David L. Botsford, Austin, TX, for Williams., Laura Grant Berins, Margaret L. Schmucker, Stephen M. Hoffman, Carole Susanne Callaghan (argued), Austin, TX, for Quarterman.