United States Fifth Circuit

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Gomez v. Quarterman, 04-70047

In habeas proceedings in a death penalty case, an application for a certificate of appealability (COA) is denied where: 1) a claim that defendant was deprived of his rights under the Vienna Convention on Consular Relations failed in light of Supreme Court precedent holding that violations of the Vienna Convention do not require the suppression of evidence; 2) there was no abuse of discretion in excluding a venireman who opposed the death penalty; 3) there was no deprivation of defendant's right to effective counsel when his lawyer failed to object when four veniremen were excluded based on their opposition to the death penalty; and 4) there was no violation of the Compulsory Process Clause of the Sixth Amendment when the court failed to instruct the jury that if defendant was not sentenced to death he would be required to serve a minimum of forty years without parole.

Appellate Information

  • Decided 05/27/2008
  • Published 05/27/2008

Judges

  • JERRY E. SMITH, Circuit Judge:, Before DAVIS, SMITH and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Robin Norris, Hart & Norris, El Paso, TX, for Gomez., Margaret L. Schmucker, Austin, TX, for Quarterman.