United States Fifth Circuit

No certificate of appealability will issue under the AEDPA where petitioner could not make a substantial showing that a constitutional right was denied when ample evidence exists supporting his kidnapping conviction, and even if the prosecutor had revealed statements relating to the victim's gang rape, ample evidence existed for a jury to still find defendant guilty of murder during the course of the victim's kidnapping.

Appellate Information

• Decided 02/13/2002
• Published 02/14/2002

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas B. Sumrall (argued), Gulfport, MS, Chester Allen Nicholson, Nicholson & Nicholson, Gulfport, MS, for Petitioner-Appellant.


• For Appellees:
  
• Marvin L. White, Jr. (argued), Judy Kristin Thomas Martin, Jackson, MS, for Respondents-Appellees.