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VIRGIL v. DRETKE

No. 03-21129.

446 F.3d 598 (2006)

Frank VIRGIL, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 2006.

Attorney(s) appearing for the Case

Charles Ernest Baruch (argued), The Law Office of Chad Baruch, Rowlett, TX, for Virgil.

Toni Raven Estaville (argued), Thomas M. Jones, Austin, TX, for Dretke.

Before JONES, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We confront here a situation in which two persons, both expressly stating an inability to serve as fair and impartial jurors, found their way onto the jury that convicted Frank Virgil and sentenced him to thirty years in prison. Virgil, now seeking a writ of habeas corpus, contends that counsel's failure to challenge for cause these two jurors deprived him of his Sixth Amendment right...

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