MAYO v. COCKRELL

No. 00-20941.

287 F.3d 336 (2002)

John MAYO, Petitioner-Appellant, v. Janie COCKRELL, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 2002.


Attorney(s) appearing for the Case

Randy Schaffer (argued), Schaffer & Henley, Houston, TX, for Petitioner-Appellant.

Karyl Krug, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before JONES, SMITH and DeMOSS, Circuit Judges.


EDITH H. JONES, Circuit Judge:

This court granted a certificate of appealability to permit John Mayo's appeal from a denial of § 2254 habeas relief on the claim that he was constructively deprived of legal counsel at a critical stage of his prosecution, the period during which a new trial could be sought. Texas courts denied relief on this claim, as did the federal district court. The issue before us, pursuant to AEDPA standards, is whether the state courts'...

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