United States Fifth Circuit

In a capital habeas matter involving late-arriving DNA evidence used by the state to strengthen its case, a denial of the petition is affirmed where: 1) when the actual physical evidence is in full view, there is no constitutional demand that the prosecution warrant any analyses of that evidence as final -- as the best and last attempts; and 2) there was no loss of effectiveness under the Sixth Amendment as the strength of the state's case grew, just a lessening of the defendant's chance to prevail.

Appellate Information

• Decided 03/02/2010
• Published 03/02/2010

Judges

Court

• United States Fifth Circuit

Counsel