Legal Opinion

Guevara v. Davis

Court of Appeals for the Fifth Circuit

Decided February 9, 2017No. 16-70004PublishedCited by 2 opinions

1Opinion of the Court

PER CURIAM: *

Gilmar Alexander Guevara requests that this court grant a certifícate of appealability (COA) to review the district court’s denial of his Federal Rule of Civil Procedure 60(b)(6) motion for relief from judgment. Because no reasonable jurist could conclude that the district court abused its discretion in denying the motion, we deny the application for a COA.

I

Guevara was convicted of capital murder and sentenced to death in Texas state court in 2001. After unsuccessfully appealing,1 he filed a state post-conviction application. Before the Texas Court of Criminal Appeals (TCCA) had…

2Cases cited14 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Brumfield v. CainSupreme Court of the United States · 2015
  4. Hernandez v. ThalerCourt of Appeals for the Fifth Circuit · 2011
  5. Guevara v. StateCourt of Criminal Appeals of Texas · 2003

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3Cited by2 opinions

  1. Ardoin v. United StatesDistrict Court, E.D. Texas · 2025
  2. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, and its Local Union No. 228 v. Lion Elastomers, LLCDistrict Court, E.D. Texas · 2026

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