Allen v. Stephens, No. 14-70017 (5th Cir. 2015)
Annotate this CasePetitioner, convicted of capital murder of a two-year-old girl and sentenced to death, appealed the denial of his petition for habeas relief under 28 U.S.C. 2254. The court denied a certificate of appealability (COA) on petitioner's claims of habeas relief regarding the constitutionality of the Texas death penalty; the funding of the prosecution of capital cases; the Texas 12-10 Rule and the law prohibiting jurors from being informed that their individual vote that life is the proper sentence will lead to a life sentence; petitioner's right to an impartial jury and due process; and ineffective assistance of counsel. Finally, the court concluded that the district court did not abuse its discretion in denying Allen’s request for funding to hire experts to help develop his ineffective-assistance claim. Accordingly, the court affirmed the district court's judgment on this issue.
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