MOSLEY v. DRETKE

No. 03-40475.

370 F.3d 467 (2004)

Daroyce Lamont MOSLEY, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 2004.


Attorney(s) appearing for the Case

F. Clinton Broden, Broden & Mickelsen, Dallas, TX, Sydney Snelling Young, Paris, TX, for Petitioner-Appellant.

Tina J. Dettmer, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Petitioner DaRoyce Lamont Mosley ("Mosley") argues that he is entitled to habeas relief because: (1) prejudice should have been presumed on his ineffective assistance of appellate counsel claim; (2) his right to due process was violated by the trial court's decision to begin the penalty phase of his trial on Saturday instead of Monday; and (3) his right to equal protection was violated...

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