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MARQUEZ v. COLLINS

No. 92-5642.

11 F.3d 1241 (1994)

Mario MARQUEZ, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 10, 1994.

Attorney(s) appearing for the Case

Michael Tigar, and Robert McGlasson and Eden E. Harrington, Texas Resource Center, Austin, TX, Sandra L. Babcock, Texas Resource Center, Houston, TX, for petitioner-appellant.

William C. Zapalac, Asst. Atty. Gen., Austin, TX, for respondents-appellees.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In his first federal habeas petition, Mario Marquez urges that his conviction of capital murder and sentence of death imposed by a Texas jury must be set aside for four constitutional errors. He first contends that he has been denied due process and a fundamentally fair trial because he was handcuffed behind his back and forced to wear leg irons during the sentencing phase of his trial, arguing that the district court failed...

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