United States Fifth Circuit

In a capital habeas matter, denial of the habeas petition is affirmed where: 1) there was no reasonable probability that the outcome of the punishment phase would have been different if the jury had been presented with evidence that petitioner had "frontal lobe" damage; 2) violation of petitioner's Sixth Amendment right to counsel through the use of an undercover informant did not have a substantial and injurious effect on the verdict at the punishment phase; and 3) the record did not support petitioner's contention that the trial judge acted in a dual role as both investigator and adjudicator.

Appellate Information

• Decided 10/13/2009
• Published 10/13/2009

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Don Vernay, Rio Rancho, NM, for Wesbrook., Tomee Morgan Heining, Austin, TX, for Thaler.