The state appeals the district court's grant of habeas corpus relief to the habeas petitioner after his claim had been denied on the merits in state proceedings. Trial counsel, making a reasonable tactical decision, could elect to seat an actually biased juror without rendering ineffective assistance of counsel. The judgment granting habeas relief is reversed and a judgment of dismissal is rendered. 5th U.S. Circuit Court of Appeals, No. 12-50341, 04-16-2013.
Morales v. Thaler
April 18, 2013