Prible v. Lumpkin, No. 20-70010 (5th Cir. 2022)
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The jury convicted Petitioner and sentenced him to death. After a decade of federal proceedings, including extensive discovery and an evidentiary hearing, the district court issued Petitioner a writ of habeas corpus and granted him a new trial.
The Fifth Circuit vacated the district court’s ruling granting Petitioner a writ of habeas corpus and denied him a new trial. The court explained Petitioner “possessed, or by reasonable means could have obtained, a sufficient basis to allege [the ring-of-informants Brady] claim[s] in the first petition and pursue the matter through the [state] habeas process.”. Contrary to the district court’s view, Petitioner did not rebut the state court’s findings on this point at all, much less by clear and convincing evidence as required by the federal habeas statute. See 28 U.S.C. Section 2254(e)(1). Petitioner, therefore, has not shown cause to excuse the default of these claims. And because he has not shown cause, the court wrote, it need not consider prejudice.
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