Smith v. Cockrell

KING, Chief Judge:

Respondent-Appellant-Cross-Appellee Janie Cockrell appeals the decision by the District Court for the Southern District of Texas to grant habeas corpus relief to Petitioner-Appellee-Cross-Appellant Robert Smith. Upon careful review of the decisions of the district court and state habeas court, as well as the record, the briefs of the parties, and the applicable law, we are of the opinion that the district court erred in granting Smith’s motion for habeas corpus' relief on the grounds of ineffective assistance of counsel and an unconstitutional jury instruction. Wé therefore…