US Court of Appeals for the Fifth Circuit Opinions
Hebert v. Rogers
Opinion Date: May 10, 2018
Judge: Edith Brown Clement
Areas of Law: Criminal Law
The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner, who was convicted of the first degree murder of her young children. The court held that petitioner did not meet her burden to prove that the State used its peremptory strikes with the intent to discriminate against women and thus she failed to show that her attorney's representation was prejudicial when he did not object to the State's use of its peremptory strikes. The court also held that petitioner failed to prove that she was insane by a preponderance of the evidence and thus the state court's decision was not an objectively unreasonable application of law.
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