ROCHA v. THALER

Nos. 05-70028, 09-70018.

619 F.3d 387 (2010)

Felix ROCHA, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 2010.


Attorney(s) appearing for the Case

Kathryn M. Kase , David R. Dow (argued), Houston, TX, for Petitioner-Appellant.

Edward Larry Marshall (argued), Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before JOLLY, HIGGINBOTHAM and HAYNES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Federal habeas petitioner Felix Rocha confessed to the murder of Rafael Fuentes—a security guard found shot to death outside the Houston nightclub where he worked—but later pled not guilty and proceeded to trial. Texas indictments charged both Rocha and a co-defendant, Virgilio Maldonado, with capital murder, though each defendant was tried separately. A jury convicted Rocha and on its answer to the sentencing...

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