Legal Opinion

In Re: Erick Davila

Court of Appeals for the Fifth Circuit

Decided April 23, 2018No. 18-10455PublishedCited by 15 opinions

1Per curiam

*181 Erick Daniel Davila was convicted of capital murder in 2009 and is scheduled to be executed on April 25, 2018. After his unsuccessful pursuit of relief in state court, Davila sought federal habeas relief in 2014. The district court denied his petition in 2015, this court denied a certificate of appealability in 2016, and the United States Supreme Court affirmed our denial in 2017. He now moves for authorization to file a successive habeas petition under 28 U.S.C. § 2244 , and for a stay of his execution. We DENY the motions.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2009, a Texas jury…

2Cases cited18 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Sawyer v. WhitleySupreme Court of the United States · 1992
  3. Davila v. DavisSupreme Court of the United States · 2017
  4. Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  5. Jonathan Wayne Nobles v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997

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3Cited by15 opinions

  1. Telisa Blackman v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2018
  2. Joseph Osborne v. Pelicia Hall, CommissionerCourt of Appeals for the Fifth Circuit · 2019
  3. Blair v. Director, TDCJ-CIDDistrict Court, N.D. Texas · 2025
  4. Dyana Thomas v. Angelena JohnsonDistrict Court, N.D. Mississippi · 2026
  5. Fenney v. BeltzDistrict Court, D. Minnesota · 2022

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