Legal Opinion

Gilmar Guevara v. William Stephens, Director

Court of Appeals for the Fifth Circuit

Decided August 11, 2014No. 13-70003UnpublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Petitioner Gilmar Guevara requests that this court grant a Certificate of Appeala-bility (COA) to conduct appellate review of the district court’s denial of his federal habeas claims, including two claims of ineffective assistance of counsel and one claim that, under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), Texas may not execute him because he suffers from an intellectual disability. 1 For the reasons herein, we DENY his application for a COA.

I

Guevara shot and killed Tae Youk and Gerardo Yaxon on June 2, 2000 at a Houston convenience store.…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Miller-El v. CockrellSupreme Court of the United States · 2003
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. Barefoot v. EstelleSupreme Court of the United States · 1983

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3Cited by1 opinion

  1. Guevara v. DavisCourt of Appeals for the Fifth Circuit · 2017

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