United States Fifth Circuit

In a capital murder and death penalty case, a petitions for a certificate of appealability (COA) from a denial of federal habeas corpus relief is denied where reasonable jurists could not debate the propriety of a district court's decisions on petitioner's alleged constitutional errors regarding: 1) ineffective assistance of counsel; 2) jury instructions; 3) the future dangerousness issue; and 4) the Texas mitigation special issue.

Appellate Information

• Decided 03/27/2007
• Published 03/27/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JOLLY, DAVIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard Alley (argued), Fort Worth, TX, for Petitioner-Appellant.


• For Appellees:
  
• Tomee Morgan Heining (argued), Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.