December 19th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Halprin v. Davis

Docket: 17-70026
Opinion Date: December 17, 2018
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit affirmed the district court's denial of petitioner's request for an evidentiary hearing and denial of his application for a certificate of appealability (COA). Petitioner was a member of the "Texas Seven," a group that escaped from the Texas Department of Criminal Justice and violently took hostages and stole guns and ammunition. The court held that the district court did not abuse its discretion in denying an evidentiary hearing where an evidentiary hearing would not enable petitioner to establish a right to federal habeas relief. The court also denied a COA on petitioner's claim that the state trial court violated his constitutional rights by preventing him from offering the Ranking Document as mitigating evidence, Brady violation claim, ineffective assistance of counsel claim, Enmund/Tison culpability claim, and ineffective assistance of appellate counsel claim.

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