DALE v. QUARTERMAN

No. 05-41747.

553 F.3d 876 (2008)

Michael Stuart DALE, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 2008.


Attorney(s) appearing for the Case

Brian W. Wice, Houston, TX, for Dale.

Gretchen Berumen Merenda, Asst. Atty. Gen., Austin, TX, for Quarterman.

Before JONES, Chief Judge, and GARWOOD and SMITH, Circuit Judges.


PER CURIAM:

Michael Stuart Dale, a Texas prisoner, appeals the denial of his petition for a writ of habeas corpus alleging ineffective assistance of counsel at the sentencing phase of his deferred adjudication probation revocation hearing. Because the state courts did not unreasonably apply the Strickland test to the facts in this case, we affirm the district court's judgment.

BACKGROUND

Dale was charged with and tried for aggravated sexual...

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