United States Fifth Circuit

In a capital habeas matter, a denial of petitioner's habeas petition is affirmed where: 1) Texas courts did not unreasonably apply clearly established federal law as determined by the U.S. Supreme Court because whether the jury charge at issue went beyond the limits of how a state may define a single offense of multiple murder was not clearly established; and 2) petitioner could not establish prejudice from the disjunctive jury charge because the jury was also permitted to conclude that he was criminally responsible for the murders under Texas's law of parties even if he did not personally shoot any of the victims.

Appellate Information

• Decided 08/24/2010
• Published 08/25/2010

Judges

• Priscilla R. Owen

Court

• United States Fifth Circuit

Counsel