Legal Opinion

Charles Mitchell, II v. Lorie Davis, Director

Court of Appeals for the Fifth Circuit

Decided October 14, 2016No. 15-11004UnpublishedCited by 6 opinions

1Opinion of the Court

PER CURIAM: *

Charles Hensley Mitchell, II, Texas prisoner # 1851936, moves for a certificate of appealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, which challenged his conviction of aggravated assault with a deadly weapon. He also seeks a COA to appeal the district court’s postjudgment denials of his motion for an evidentiary hearing and his motion to alter or amend the judgment under Federal Rules of Civil Procedure 59(e). The district court denied a COA when it denied Mitchell’s § 2254 petition, but it did not address the need for a COA…

2Cases cited11 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Gonzalez v. CrosbySupreme Court of the United States · 2005
  4. Howard v. KingCourt of Appeals for the Fifth Circuit · 1983
  5. Billy George Hughes v. Gary L. Johnson, Director, Texas Department of Criminal Justice,institutional DivisionCourt of Appeals for the Fifth Circuit · 1999

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3Cited by6 opinions

  1. United States v. Andre McDanielsCourt of Appeals for the Fifth Circuit · 2018
  2. Hernandez-Cuellar v. United StatesDistrict Court, E.D. Texas · 2025
  3. Jones v. Director, TDCJ-CIDDistrict Court, N.D. Texas · 2021
  4. Keaton v. Director, TDCJ-CIDDistrict Court, E.D. Texas · 2025
  5. Skief v. Director, TDCJ-CIDDistrict Court, N.D. Texas · 2021

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