Legal Opinion

Licho Escamilla v. William Stephens, Director

Court of Appeals for the Fifth Circuit

Decided April 15, 2014No. 12-70029PublishedCited by 27 opinions

1Opinion of the Court

JAMES L. DENNIS, Circuit Judge:

Licho Escamilla seeks a certificate of appealability (“COA”) to appeal the district court’s denial of his habeas corpus petition under 28 U.S.C. § 2254, claiming that he was deprived his Sixth Amendment right to effective assistance of counsel when his trial attorneys failed to adequately investigate and present mitigation evidence at the punishment phase of his capital murder trial. He additionally asserts that Martinez v. Ryan, — U.S. —, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) compels the federal habeas court to consider newly presented evidence that was never…

2Cases cited27 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Harrington v. RichterSupreme Court of the United States · 2011
  5. Cullen v. PinholsterSupreme Court of the United States · 2011

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3Cited by27 opinions

  1. Ricky Gray v. David ZookCourt of Appeals for the Fourth Circuit · 2015
  2. United States v. Christopher VialvaCourt of Appeals for the Fifth Circuit · 2014
  3. United States v. Sherman FieldsCourt of Appeals for the Fifth Circuit · 2014
  4. John Lesko v. Secretary Pennsylvania DepartmCourt of Appeals for the Third Circuit · 2022
  5. Charles Vandross v. Bryan StirlingCourt of Appeals for the Fourth Circuit · 2021

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