Miller v. Johnson
Court of Appeals for the Fifth Circuit
1Opinion of the Court
BENAVIDES, Circuit Judge:
Petitioner Garry Dean Miller, convicted of capital murder in Texas and sentenced to death, requests from this Court a Certificate of Appealability (COA) pursuant to 28 U.S.C. § 2253(c)(2). Miller raises several arguments on appeal, including ineffective assistance of counsel, insufficient evidence to support an affirmative answer to the second special issue, misleading penalty phase jury instructions, and prosecutorial misconduct. Finding that Miller has not made a substantial showing of the denial of a constitutional right, we DENY the COA.
I. BACKGROUND
Garry Dean…
2Cases cited24 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Lindh v. MurphySupreme Court of the United States · 1997
- Eddings v. OklahomaSupreme Court of the United States · 1982
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