Buntion v. Collier, No. 22-70004 (5th Cir. 2022)
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A jury convicted Appellant for capital murder in the death of a police officer. The Fifth Circuit rejected Appellant's last-minute efforts to stop the imposition of his sentence.
The Fifth Circuit held that Appellant is unlikely to prevail on his request for a certificate of appealability (“COA”), and he is unlikely to succeed on his Sec. 1983 claim. In addressing habeas, the court rejected Appellant's request for COA on his future-dangerousness claim, and his request for COA on his Lackey claim. The court affirmed the district court’s denial of a stay of execution and dismissal of the 1983 claim and denied the COA.
Here, Appellant argued his death sentence violated the Eighth and Fourteenth Amendments because it was based in part on the jury’s finding of a “probability that Appellant would commit criminal acts of violence that would constitute a continuing threat to society.” The court explained that reasonable jurors would not find it debatable whether Sec. 2244(b)(1) barred this claim. Further, the court reasoned that it’s undebatable that this claim is procedurally defaulted. Additionally, the court held substantive meritlessness is an independent ground for refusing a COA on Plaintiff’s future-dangerousness claim. Finally, the court held that Plaintiff’s claim is not a method-of-execution challenge; it is a challenge to the validity of his death sentence. It is therefore not cognizable under Sec. 1983.
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