Legal Opinion

Elizalde v. Dretke

Court of Appeals for the Fifth Circuit

Decided March 8, 2004No. 03-20508PublishedCited by 675 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Jaime Elizalde, Jr. seeks a Certificate of Appealability (“COA”) to appeal the district court’s denial of his petition for habe- as corpus. Specifically he requests a COA to appeal the district court’s ruling that his claims 1) that he is actually innocent, 2) that the State withheld exculpatory evidence, and 3) that he was denied effective assistance of counsel both at trial and during his direct appeal are procedurally barred because they were not exhausted in state court. Elizalde also seeks a COA to appeal the district court’s denial, on the merits, of his…

2Cases cited32 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Coleman v. ThompsonSupreme Court of the United States · 1991
  4. Sawyer v. WhitleySupreme Court of the United States · 1992
  5. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993

27 more not listed; retrieve them via the Exa API.

3Cited by675 opinions

  1. Williams v. WynneCourt of Appeals for the Fifth Circuit · 2008
  2. Bagwell v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  3. Neville v. DretkeCourt of Appeals for the Fifth Circuit · 2005
  4. Ruiz v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
  5. Haynes v. QuartermanCourt of Appeals for the Fifth Circuit · 2008

670 more not listed; retrieve them via the Exa API.

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