Dorsey v. Thaler, No. 11-20682 (5th Cir. 2013)Annotate this Case
Petitioner, convicted of murder, appealed the district court's dismissal of his application for a writ of habeas corpus under 28 U.S.C. 2254. The court concluded that, even had the state court unreasonably concluded that there was no Confrontation Clause violation, habeas relief could not be granted because defendant failed to make a showing of prejudice where the admission of the videotape at issue did not have a substantial or injurious effect on the outcome of the jury's verdict. Further, defendant's claim of ineffective assistance of counsel during his intermediate appeal because counsel failed to make a Confrontation Clause argument related to the admission of the videotape also failed. Accordingly, the court affirmed the judgment.