Legal Opinion

Garcia v. Thaler

Court of Appeals for the Fifth Circuit

Decided June 30, 2011No. 11-70022PublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Petitioner-Appellant Humberto Leal Garcia (“Leal”), seeks a Certificate of Ap-pealability (“COA”) so he may appeal the district court’s order denying his third petition for federal habeas relief under 28 U.S.C. § 2254. Leal also moves for a stay of execution and seeks leave to proceed in *233forma pauperis (“IFP”). Because Leal cannot meet the requirements for issuance of a COA we DENY" his request. Similarly, Leal’s motion for a stay of execution is without merit, and we DENY that request. We GRANT Leal’s motion to proceed IFP.

I

In 1995, a Texas jury convicted Leal of the murder of…

2Cases cited18 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Herrera v. CollinsSupreme Court of the United States · 1993
  3. Medellin v. TexasSupreme Court of the United States · 2008
  4. David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1982
  5. Leal Garcia v. QuartermanCourt of Appeals for the Fifth Circuit · 2009

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3Cited by1 opinion

  1. Garcia v. ThalerSupreme Court of the United States · 2011

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