Legal Opinion

Walbey v. Quarterman

Court of Appeals for the Fifth Circuit

Decided January 19, 2009No. 08-70007UnpublishedCited by 3 opinions

1Opinion of the Court

PER CURIAM: *

This appeal is the latest proceeding in a habeas case that has been before five courts a total of seven times. The trial courts that actually received evidence, the Texas habeas trial court (the “THTC”) and the federal magistrate judge, both recommended relief, only to be reversed by reviewing courts. For reasons that we explain below, we are persuaded that those reversals were error and that the findings of fact made in the federal proceedings entitle Petitioner Gaylon George Walbey, Jr. to relief for ineffective assistance of counsel (“IAC”), which relief must take the form of…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Rompilla v. BeardSupreme Court of the United States · 2005
  5. West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996

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3Cited by3 opinions

  1. Carty v. ThalerCourt of Appeals for the Fifth Circuit · 2009
  2. Williams v. ThalerDistrict Court, S.D. Texas · 2010
  3. Linda Carty v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2009

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