Wesbrook v. Thaler, No. 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.

Read Wesbrook v. Thaler, No. 08-70024

Appellate Information

Filed October 13, 2009

Judges

Opinion by Judge Jolly