United States Fifth Circuit
Avila v. Quarterman, 07-70028
The denial of Petitioner's habeas petition in a capital murder case is affirmed, where an expert witness who testified for the state had no duty to disclose potentially exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963), because he was not a member of the prosecution team.
Appellate Information
- Decided 03/09/2009
- Published 03/09/2009
Judges
- BENAVIDES, Circuit Judge:, Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Chris K. Gober, Law Office of Chris K. Gober, San Antonio, TX, Robin Norris, Hart & Norris, El Paso, TX, for Avila., Thomas M. Jones, Postconviction Litigation Div., Austin, TX, for Quarterman.