BROADNAX v. DAVIS (2020)

United States Court of Appeals, Fifth Circuit.

James Garfield BROADNAX, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee

No. 19-70014

Decided: July 24, 2020

Before JONES, HIGGINSON, and OLDHAM, Circuit Judges.

Steven C. Herzog, Counsel, Ameya Sita Ananth, Kimberly Francis, Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York, NY, Camille M. Knight, Burleson, Pate & Gibson, L.L.P., Dallas, TX, for Petitioner-Appellant Garrett M. Greene, Office of the Attorney General for the State of Texas, Austin, TX, Stephen M. Hoffman, Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, Edward Larry Marshall, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Respondent-Appellee

The court has pending the parties’ briefing on a motion for COA from the district court's denial of habeas relief in this capital case. The court GRANTS COA limited to one issue:

Whether the district court erroneously concluded that the spreadsheet was barred by Pinholster and 28 U.S.C. § 2254(d)(2). (Issue IA(2)(b) and (d) in Petitioner's Briefing).

Because significant briefing about this issue has already been provided, any further briefing must be limited to supplemental evidence and authorities. The parties’ supplemental briefs are limited to 20 pages each. Petitioner's brief is due thirty days from today, with Respondent's brief due 21 days thereafter.

SO ORDERED.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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