Federal Circuits, 5th Cir. (January 15, 2002)
Docket number: 00-31198
Permanent Link:
http://vlex.com/vid/hunter-vs-cain-18415752
Id. vLex: VLEX-18415752
Click here to download this article in graphic format (Acrobat Reader)

US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2253 - Sec. 2253. Appeal
U.S. Supreme Court - Strickland v. Washington, 466 U.S. 668 (1984)
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-31198 Summary Calendar ERIN HUNTER, Petitioner-Appellant, versus BURL CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-770-R January 14, 2002 Before DeMOSS, PARKER, and DENNIS, Circuit Judges.PER CURIAM: * Erin Hunter, Louisiana prisoner # 111799, appeals the district court§ 2254 habeas corpus petition. A judge on this court granted Hunter a certificate of appealability (COA) on two issues: (1) whether the state withheld Vanessa CauseyÂ’s grand jury testimony from Hunter in violation of Brady v. Maryland , 373 U.S. 83 (1963), and (2) whether trial counsel rendered ineffective assistance by not adequately cross-examining Cau sey and not introducing evidence necessary to impeach Causey.Hunter presents argument on several other issues. Because COA was not granted o n these issues, we may not consider them. S ee 28 U.S.C. § 2253; see also Lackey v. Johnso n , 116 F.3d 149, 151-52 (5th Cir. 1997). The s tate court adjudicated the B rady issue on its merits.See State v. Hunter , 648 So. 2d 1025, 1033-34 (La. Ct. App. 1994).Accordingly, Hunter can receive relief on this claim only by showing that the state court acted objectively unreason ably in denying this claim. S ee Nobles v. Johnson , 127 F.3d 409, 416 (5th Cir. 1997); Trevino v. Johnson , 168 F.3d 173, 181 (5th Cir.), cert. denied ,Try vLex for FREE for 3 days
Access legal information from United States including:
Try vLex without any commitment for 3 days and see why you need it.
3
days of Free Access