Legal Opinion

Gomez v. Dretke

Court of Appeals for the Fifth Circuit

Decided August 17, 2005No. 04-70047PublishedCited by 6 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Ignacio Gomez, convicted in state court of capital murder, applied to this court for a certificate of appealability (“COA”) after the district court had rejected his petition for a writ of habeas corpus. Gomez v. Dretke, No. EP-02-CV-267 (W.D.Tex. Sept. 30, 2004). After bringing his COA application, Gomez filed a “Motion To Stay and Abate Proceedings.” We grant that motion and thereby stay our consideration of Gomez’s application for COA pending the exhaustion of Gomez’s state court proceedings.

I

The issues in Gomez’s application for COA involve (1) claims related…

2Cases cited18 opinions

  1. Picard v. ConnorSupreme Court of the United States · 1971
  2. Barefoot v. EstelleSupreme Court of the United States · 1983
  3. Rhines v. WeberSupreme Court of the United States · 2005
  4. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  5. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941

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3Cited by6 opinions

  1. Evans v. CainCourt of Appeals for the Fifth Circuit · 2009
  2. Sevin v. Parish of JeffersonDistrict Court, E.D. Louisiana · 2008
  3. Gomez v. QuartermanCourt of Appeals for the Fifth Circuit · 2005
  4. Armstead v. DevilleDistrict Court, E.D. Louisiana · 2020
  5. Scott v. VannoyDistrict Court, E.D. Louisiana · 2020

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