RESENDIZ v. QUARTERMAN

No. 06-70028.

454 F.3d 456 (2006)

Angel Maturino RESENDIZ, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 2006.


Attorney(s) appearing for the Case

Jack B. Zimmermann, Zimmermann & Lavine, Houston, TX, for Resendiz.

Edward Larry Marshall, Austin, TX, for Quarterman.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.


PER CURIAM:

Petitioner-Appellant, Angel Maturino Resendiz, was convicted of capital murder in Texas and sentenced to death. His execution is scheduled for June 27, 2006. In his first petition for writ of habeas corpus, Resendiz argued that it was unconstitutional for a defendant to have the burden of proving circumstances that mitigate against the death penalty. The district court denied relief on the merits, and this Court dismissed the appeal for lack of jurisdiction...

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