Moore v. Vannoy, No. 17-30801 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner under 28 U.S.C. 2254(d). Petitioner alleged claims of ineffective assistance of appellate counsel (IAAC) based on state appellate counsel's failure to raise a Batson v. Kentucky, 476 U.S. 79 (1986), claim on direct appeal.
The court held that the district court did not commit reversible error in failing to explicitly review the merits of the IAAC claim. The court also held that the magistrate judge's conclusion that no Batson violation occurred establishes that appellate counsel's failure to raise the Batson challenge on direct appeal did not prejudice petitioner. Therefore, petitioner failed to satisfy the elements of his IAAC claim.