Ruiz v. Davis, No. 17-70006 (5th Cir. 2017)Annotate this Case
Petitioner, convicted of murder and sentenced to death by legal injection, sought a certificate of appealability (COA) to allow review of the district court's rejection of his most recent federal petition for a writ of habeas corpus. Petitioner argued that the district court erred by affording deference to the state court's determination of federal law— specifically, by applying the deferential standard of the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2253. The court denied the COA, concluding that, even under a de novo standard of review, no jurist of reason could disagree with the district court's resolution of his constitutional claims or conclude that the issues presented were adequate to deserve encouragement to proceed further.
The court issued a subsequent related opinion or order on March 10, 2017.