Adolfo Gil Hernandez v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
Court of Appeals for the Fifth Circuit
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
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- Kyles v. WhitleySupreme Court of the United States · 1995
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3Cited by133 opinions
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- Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Beazley v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
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