United States Fifth Circuit

In a murder prosecution, the grant of Petitioner's habeas petition is affirmed, where the District Court did not abuse its discretion in holding an evidentiary hearing on Petitioner's ineffective assistance allegations or finding ineffective assistance, considering the evidence of counsel's serious failure to present exculpatory evidence.

Appellate Information

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

Judges

• BENAVIDES, Circuit Judge:, Before KING, BENAVIDES and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Danny D. Burns (argued), (Court-Appointed), Fort Worth, TX, for Richards., Susan Frances San Miguel (argued), Postconviction Lit. Div., Austin, TX, for Quarterman.