Legal Opinion

Adolfo Gil Hernandez v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

Court of Appeals for the Fifth Circuit

Decided May 30, 2000No. 99-10446PublishedCited by 133 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Applicant-Appellant Adolfo Gil Hernandez, a Texas death row inmate, whose petition for habeas corpus relief and request for a Certificate of Appealability (“COA”) were both denied by the federal district court, now seeks a COA from this Court pursuant to 28 U.S.C. § 2253(c)(2). For the reasons set forth below, we deny the request for a COA.

I. BACKGROUND

On the evening of September 30, 1988, at about 5:00 p.m., Hernandez and a friend, Mike Martinez, went to the home of Margarita Davila in Slaton, Texas, with an eight-pack of “pony” beers. The three shared the beers, with…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. United States v. AgursSupreme Court of the United States · 1976
  5. Kyles v. WhitleySupreme Court of the United States · 1995

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

3Cited by133 opinions

  1. Elizalde v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  2. Dennis Thurl Dowthitt v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2000
  3. Avila v. QuartermanCourt of Appeals for the Fifth Circuit · 2009
  4. Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  5. Beazley v. JohnsonCourt of Appeals for the Fifth Circuit · 2001

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

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