United States Fifth Circuit

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Wesbrook v. Thaler, 08-70024

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


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


  • United States Fifth Circuit


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