Tercero v. Thaler, No. 13-70010 (5th Cir. 2013)Annotate this Case
Petitioner, sentenced to death for a murder during the course of a robbery, challenged his capital sentence, claiming that he was exempt from execution under Roper v. Simmons. The court held that reasonable jurists would not find debatable the district court's conclusion that the state habeas court adjudication was an adjudication on the merits that warranted Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 254(d), deference. The court also held that no reasonable jurist would find debatable that the district court's decision that petitioner failed to show that the state habeas process resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. Accordingly, the court denied petitioner's application for a certificate of appealability.
The court issued a subsequent related opinion or order on January 20, 2014.