United States Fifth Circuit

In a criminal child injury matter, the denial of Petitioner's habeas petition is affirmed, where the District Court properly rejected Petitioner's ineffective assistance claim because there was no showing that the medical expert counsel allegedly failed to offer was available to testify at trial.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

• RODRIGUEZ, District Judge:, Before SMITH and SOUTHWICK, Circuit Judges, and RODRIGUEZ, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Sean R. Buckley, DeGuerin & Dickson, Houston, TX, John C. Bennett (argued), Amarillo, TX, for Petitioner-Appellant.


• For Appellees:
  
• Jon R. Meador (argued), Matthew Dennis Ottoway, Carrie Elizabeth Parsons, Tommy Lee Skaggs, Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.