Pierre v. Hooper, No. 19-30737 (5th Cir. 2022)
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Petitioner’s filed a petition in the district court under 28 U.S.C. Section 2254 challenging his state convictions for armed robbery, kidnapping, and purse snatching on various constitutional grounds. The district court dismissed the petition as time-barred and denied Petitioner a certificate of appealability (COA). Petitioner then asked our court to grant him a COA on both the district court’s procedural ruling as well as the substantive claims in his Section 2254 petition.
The Fifth Circuit vacated the COA and dismissed the appeal. The court explained that Petitioner’s “procedural-only” COA is barred by Section 2253. The Supreme Court unanimously agreed that such a COA is invalid because it says nothing at all about the Constitution. The court further reasoned that while it can also issue a valid COA in place of the invalid one, that does not apply here. Here, having examined the constitutional claims in Petitioner’s Section 2254 petition, the court cannot say he has made a substantial showing as to any of them.
This opinion or order relates to an opinion or order originally issued on October 13, 2022.
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