United States Fifth Circuit

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Williams v. Thaler, 08-70046

In a capital habeas matter, a denial of a certificate of appealability is affirmed where: 1) the district court lacked jurisdiction to entertain a second or successive habeas application because petitioner failed to move in the appropriate court of appeals for an order authorizing the district court to consider the application; 2) petitioner did not demonstrate that a Texas court would hear the merits of his third application for post-conviction relief on the grounds of unavailability of the factual basis of his claim; 3) petitioner failed to demonstrate that reasonable jurists would debate whether executing petitioner would result in a fundamental miscarriage of justice; and 4) petitioner did not convince the court of appeals, by clear and convincing evidence, that the state's discovery violations prevented him from fully and fairly presenting his case.

Appellate Information

  • Decided 03/24/2010
  • Published 03/24/2010



  • United States Fifth Circuit