United States Fifth Circuit

Conditional grant of habeas relief is vacated and request for a certificate of appealability (COA) in a capital murder case is denied where: 1) the COA was properly denied since actual-innocence is not an independently cognizable federal-habeas claim; and 2) the state court made the proper findings for an imposition of the death penalty, and its decision to impose capital punishment was not unreasonable.

Appellate Information

• Decided 10/03/2006
• Published 10/03/2006

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before JONES, Chief Judge, and BARKSDALE and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Keith S. Hampton (argued), Hampton Law Office, Austin, TX, for Foster., Tomee Morgan Heining (argued), Austin, TX, for Quarterman.