United States Eleventh Circuit

In a capital habeas matter, Petitioner's application for leave to file a second habeas petition is denied, where: 1) Petitioner's application did not show that the exculpatory evidence he sought to present could not have been discovered earlier; and 2) Petitioner failed to explain why he had not exhausted his state remedies prior to filing his first petition.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• PER CURIAM:, Before DUBINA, BARKETT and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas H. Dunn (Court-Appointed), GA Resource Ctr., Atlanta, GA, Jason C. Ewart, Danielle Garten, Arnold & Porter, LLP, Washington, DC, for Davis., Stephen L. Ascher, Jenner & Block, LLP, New York City, Kathleen A. Behan, Washington, DC, for Amici Curiae.


• For Appellees:
  
• Susan V. Boleyn, State Law Dept., Atlanta, GA, for Appellee.