Smith v. Addison

ORDER DENYING CERTIFICATE OF APPEALABILITY *

NEIL M. GORSUCH, Circuit Judge.

David Gordon Smith, an Oklahoma state prisoner, applies for a certificate of appeal-ability (COA) to challenge the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Because the district court correctly concluded it was barred from reviewing Mr. Smith’s habeas petition, we deny his application for a COA and dismiss his appeal.

In September 1978, Mr. Smith and Jackie Ray Young robbed a tag agency in Catoosa, Oklahoma. When the police arrived on the scene, a gun fight ensued between the…