Escamilla v. Thaler

Petitioner sought a certificate of appealability (COA) to appeal the district court's denial of his habeas corpus petition under 28 U.S.C. 2254. The court granted a COA as to petitioner's claim that trial counsel's failure to investigate and present adequate mitigating evidence violated his Sixth Amendment right to effective assistance of counsel. The court denied a COA with regard to the argument that Martinez v. Ryan compelled the federal habeas court to consider newly presented evidence that was never submitted to the state habeas court where new evidence presented to the district court did not fundamentally alter his claim but merely provided additional evidentiary support for his claim. View "Escamilla v. Thaler" on Justia Law