Legal Opinion

Victor Saldano v. Lorie Davis, Director

Court of Appeals for the Fifth Circuit

Decided June 28, 2017No. 16-70025UnpublishedCited by 2 opinions

1Opinion of the Court

PER CURIAM: *

Victor Hugo Saldaño was convicted of capital murder and sentenced to death in 1996. Texas later confessed constitutional error in the punishment stage — namely, introduction of racist testimony to support a finding of future dangerousness. Saldaño was again sentenced to death in 2004. He now appeals the district court’s denial of habeas relief. We GRANT a certificate of appealability (“COA”) on two issues: whether Saldaño was denied due process because he was not competent to stand trial and because the trial court failed to hold a competency hearing, and whether trial counsel…

2Cases cited44 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Miller-El v. CockrellSupreme Court of the United States · 2003
  4. Wong Sun v. United StatesSupreme Court of the United States · 1963
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

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3Cited by2 opinions

  1. United States v. IsraelCourt of Appeals for the Fifth Circuit · 2020
  2. Victor Saldano v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2019

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