BROOKS v. DRETKE

No. 04-70023.

418 F.3d 430 (2005)

Carl L. BROOKS, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 2005.


Attorney(s) appearing for the Case

Jani J. Maselli, Houston, TX, Michael W. McCrum (argued), San Antonio, TX, for Brooks.

Thomas M. Jones (argued), Austin, TX, for Dretke.

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

On the first day of the sentencing phase of his capital trial, a member of the jury that had convicted Carl L. Brooks was arrested for the misdemeanor offense of unlawfully carrying a weapon and faced prosecution by the district attorney's office then prosecuting Brooks. A loaded pistol was found in his briefcase in the routine screening of a security checkpoint in the courthouse. Whether...

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