In re: Christopher Sepulvado, No. 13-30058 (5th Cir. 2013)
Annotate this CaseChristopher Sepulvado appealed an order transferring his second-in-time petition for writ of habeas corpus, amended motion to appoint counsel, and a motion to stay his execution. He also requested a certificate of appealability (COA). In 1993, Sepulvado was convicted and sentenced to death for the first-degree murder of his six-year-old stepson. On appeal, the court concluded that it had jurisdiction over both the district court's order and the motions it transferred thereby; Sepulvado's second-in-time habeas petition was an abuse of the writ and was therefore successive; because the petition was successive, the district court did not have jurisdiction to consider it in light of the fact that Sepulvado did not obtain the court's prior authorization pursuant to 28 U.S.C. 2244(b)(3)(A); because the court lacked jurisdiction, there was no basis for a stay of execution; and Sepulvado did not request a COA from the district court and therefore, the court was without jurisdiction to consider the appeal. Accordingly, the court affirmed the order of transfer; dismissed the petition for writ of habeas corpus for want of jurisdiction; dismissed the amended motion to appoint counsel for want of jurisdiction; denied the motion for stay of execution; and dismissed the COA.
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