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Mayo v. Cockrell

Whether or not the right to counsel attaches for some purposes during the post-trial, pre-appeal phase of the prosecution, the petitioner was not constructively denied the assistance of counsel for purposes of filing a new trial motion solely to assert the disqualification of a juror, where the disqualification might have been discovered earlier; and the petitioners attorney could reasonably rely on Harris County's juror pre-screening procedures.

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Appeal from the United States District Court for the Southern District of Texas

This court granted a certificate of appealability to permit John Mayo’s appeal from a denial of � 2254 habeas relief on the claim that he was constructively deprived of legal counsel at a critical stage of his prosecution, the period during which a new trial could be sought. Texas courts denied relief on this claim, as did the federal district court. The issue before us, pursuant to AEDPA standards, is whether the state courts’ decision “was contrary to, or involved an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of the United States . . .,” or was based on an unreasonable determination of the facts in light of the state court record. 28 U.S.C. � 2254(d). Mayo rests his claim entirely on United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039 (1984), and its progeny. Finding no basis to grant relief on these facts under Cronic, we affirm.

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