AVILA v. QUARTERMAN

No. 07-70028.

560 F.3d 299 (2009)

Rigoberto AVILA, Jr., Petitioner-Appellant-Cross-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

February 17, 2009.


Attorney(s) appearing for the Case

Chris K. Gober, Law Office of Chris K. Gober, San Antonio, TX, Robin Norris, Hart & Norris, El Paso, TX, for Avila.

Thomas M. Jones, Postconviction Litigation Div., Austin, TX, for Quarterman.

Before WIENER, GARZA, and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

Petitioner Rigoberto Avila, Jr., ("Avila"), convicted of capital murder in Texas and sentenced to death, appeals the district court's denial of federal habeas relief with respect to his conviction. Respondent cross-appeals the district court's grant of habeas relief with respect to Avila's sentence.

Avila contends that the State suppressed a pathologist's expert opinion in violation of his due process rights. He also contends that...

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