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WHITE v. THALER

No. 06-20736.

610 F.3d 890 (2010)

Wendell Keith WHITE, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 2010.

Attorney(s) appearing for the Case

Randolph Lee Schaffer, Jr. (argued), Schaffer Firm, Houston, TX, for Petitioner-Appellant.

Ana Marie Jordan, Asst. Atty. Gen. (argued), Office of Atty. Gen., Law Enforcement Defense Div., Austin, TX, for Respondent-Appellee.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner-Appellant, Wendell Keith White (White), was convicted of murder and aggravated assault in Harris County, Texas. White appeals the district court's denial of federal habeas relief as to both convictions, arguing that counsel rendered ineffective assistance. We find that counsel rendered ineffective assistance by (1) cross examining White regarding his post-arrest silence, which allowed the prosecutor to impeach him with his failure...

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