Hummel v. Davis

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The Fifth Circuit denied a certificate of appealability to challenge the district court's denial of petitioner's federal habeas corpus petition under 28 U.S.C. 2254. The court held that petitioner failed to show that jurists of reason could debate whether the district court erred in denying his petition for habeas relief on his claim for ineffective assistance of trial and appellate counsel. The court also held that Texas Code of Criminal Procedure Article 37.071 section 2(e)(1) offered a "broad definition of mitigating evidence" that was not limited by Article 37.071 section 2(f)(4)'s reference to "moral blameworthiness." Therefore, the state court did not unreasonably apply clearly established law. View "Hummel v. Davis" on Justia Law