recognizing precedent foreclosing petitioner's complaint of the lack of a jury finding of mitigating evidence beyond a reasonable doubt
Summary of this case from McCarthy v. ThalerNo. 09–5070.
2009-11-2
Rigoberto AVILA, Jr., petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions, Division.
Case below, 560 F.3d 299.
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
recognizing precedent foreclosing petitioner's complaint of the lack of a jury finding of mitigating evidence beyond a reasonable doubt
Summary of this case from McCarthy v. ThalerFull title:Rigoberto AVILA, Jr., petitioner, v. Rick THALER, Director, Texas…
Court:Supreme Court of the United States
Date published: Nov 2, 2009
Therefore, no violation of the Sixth Amendment is shown. See also Avila v. Quarterman, 560 F.3d 299, 314-15…
Hearn v. ThalerId., 131 S.Ct. at 788; Renico v. Lett, 559 U.S. ___, 130 S.Ct. 1855, 1862 (2010) ("AEDPA thus imposes a…