Shore v. Davis

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Petitioner, convicted of capital murder during the course of an aggravated assault, seeks a certificate of appealability (COA) in order to appeal the denial of habeas relief. The court concluded that petitioner is not entitled to a COA on his claim that he was denied his constitutional right to present mitigation evidence to the jury under Lockett v. Ohio; not entitled to a COA on his claims under Strickland v. Washington; and not entitled to a COA on his Eighth Amendment claim that his execution would be cruel and unusual in light of his brain injury. Accordingly, the court affirmed the district court's denial of petitioner's application for a COA. View "Shore v. Davis" on Justia Law