HARRIS v. COCKRELL

No. 01-41395.

313 F.3d 238 (2002)

David Ray HARRIS, Petitioner-Appellee-Cross-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 2002.


Attorney(s) appearing for the Case

Robert M. Roach, Jr., Cook & Roach, Solace Kirkland Southwick, Andrews & Kurth Mayor, Day, Caldwell & Keeton, Thomas Miles Farrell, Nickens, Keeton, Lawless, Farrell & Flack, Houston, TX, for Harris.

Gena Blount Bunn, Asst. Atty. Gen., Austin, TX, for Cockrell.

Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The State of Texas appeals the grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner, David Harris, cross-appeals the rejection of his claims that the jury in his capital trial was unconstitutionally precluded from giving mitigating effect to evidence of his alcoholism and that the admission of evidence of an extraneous offense of which he had been acquitted denied him a fair trial. We affirm in part, reverse...

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