United States Fifth Circuit

In a murder prosecution, a denial of petitioner's habeas petition is reversed where defense counsel rendered ineffective assistance by: (1) cross examining petitioner regarding his post-arrest silence, which allowed the prosecutor to impeach him with his failure to tell the police his exculpatory version of the events; and (2) failing to file a motion in limine or object to evidence of the murder victim's pregnancy.

Appellate Information

• Decided 06/30/2010
• Published 06/30/2010

Judges

• Fortunato P. Benavides

Court

• United States Fifth Circuit

Counsel