King v. Davis, No. 16-70018 (5th Cir. 2018)
Annotate this CaseThe Fifth Circuit affirmed the district court's denial of habeas relief to petitioner after he was convicted of the capital murder of James Byrd and sentenced to death. Byrd's dismembered body was found by Jasper police officers in front of a church where it had been dragged by a truck. The court held that petitioner's ineffective assistance of trial counsel (IATC) claim lacked merit, even when reviewed de novo with petitioner's new evidence and ignoring the procedural bar. In this case counsel acted reasonably in handling the DNA evidence, the size 10 sandal evidence, the note to a coconspirator, and the State's evidence of petitioner's racial motive. The court rejected petitioner's remaining IATC claims and held that counsel maximized petitioner's chances of acquittal. Furthermore, even if counsel's performance was unreasonable, petitioner failed to establish prejudice under Strickland v. Washington.
This opinion or order relates to an opinion or order originally issued on August 8, 2017.
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