Cases

444 F.3d 333 Joseph Roland LAVE, Jr., Petitioner-Appellant,v.Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 04-70035. United States Court of Appeals, Fifth Circuit. March 22, 2006. David L. Botsford (argued), Walter C. Long, Law Office of D

EMILIO M. GARZA,' Circuit Judge: Joseph Roland Lave, Jr. (“Lave”) moves for a certificate of appealability (“COA”) to appeal the district court’s denial of his habeas petition under 28 U.S.C. § 2254. Specifically, he argues that reasonable jurists would find it debatable whether: 1) Lave’s Sixth Amendment rights were violated under a retroactive application of the Supreme Court’s decision in Crawford v. Washington,

416 F.3d 372 Joseph Roland LAVE, Jr., Petitioner-Appellant,v.Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 04-70035. United States Court of Appeals, Fifth Circuit. July 7, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED David L. Botsford, Wal

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,912 EX PARTE JOSEPH ROLAND LAVE, JR., Applicant ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES ON A PETITION FOR WRIT OF HABEAS CORPUS CAUSE NO. WR-44,564-02 ND IN THE 282 JUDICIAL DISTRICT COURT OF DALLAS COUNTY Per curiam. K ELLER, P.J., and P RICE, J., not participating.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,912

680 F.3d 596 (2012) Donald Wayne STROUTH, Petitioner-Appellant, v. Roland COLSON, Warden, Respondent-Appellee. No. 08-6116. United States Court of Appeals, Sixth Circuit. Argued: April 17, 2012. Decided and Filed: May 23, 2012. *599 ARGUED: Jerome C. Del Pino, Federal Public Defender's Office, Nashville, Tennesse

KANNE, Circuit Judge. James Snow was convicted of murder and sentenced to natural life in prison. In a petition for a writ of habeas corpus, he alleges that his constitutional rights were violated when his trial counsel failed to provide effective assistance and when the prosecutor failed to disclose material evidence helpful to the defense. The district court denied the petitio

Case: 20-70010 Document: 00516424357 Page: 1 Date Filed: 08/08/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED

Justice Thomas, with whom Justice Scalia joins, dissenting. Petitioner essentially asks this Court to second-guess the fact-based determinations of the Louisiana courts as to the reasons for a prosecutor’s decision to strike two jurors. The evaluation of a prosecutor’s motives for striking a juror is at bottom a credibility judgment, which lies “ ‘peculiarly within

FREDERICKA HOMBERG WICKER, JUDGE *384Defendant, Furnell D. Daniels,1 was found guilty of manslaughter in violation of La. R.S. 14:31 for the death of his fourteen-year-old son, J.D., and seeks the reversal of his conviction and sentence. Defendant assigns the following issues for review: 1) whether the trial court e

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 677 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 678 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT

FREDERICKA HOMBERG WICKER, JUDGE *384Defendant, Furnell D. Daniels,1 was found guilty of manslaughter in violation of La. R.S. 14:31 for the death of his fourteen-year-old son, J.D., and seeks the reversal of his conviction and sentence. Defendant assigns the following issues for review: 1) whether the trial court e

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge THOMAS. OPINION FISHER, Circuit Judge: Robert Alen Poyson was convicted of murder and sentenced to death in 1998. After pursuing direct review and seeking postconviction relief in state court, he filed a habeas petition in federal district court. The district court denied the petition, and Poyson appeals.

ORDER Judge Thomas has voted to grant the petition for rehearing en banc. Judge Ikuta has voted to deny the petition for rehearing en banc and Judge Fisher has so recommended. The full court was advised of the petition for rehearing en bane. A judge requested a vote on whether to rehear the'matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc co

Case: 24-20235 Document: 123-1 Page: 1 Date Filed: 10/21/2025 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 24-20235 October 21, 2025

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT ALLEN POYSON, No. 10-99005 Petitioner-Appellant, D.C. No. v. 2:04-cv-00534-NVW CHARLES L. RYAN, ORDER AND Respondent-Appellee. AMENDED OPINION Appeal from the United States District Court for the District of Arizona Neil V. Wake, Distri

OPINION ANN CRAWFORD McCLURE, Chief Justice The State is appealing the trial court’s order granting Frias’s motion for new trial on the grounds he received ineffective assistance of counsel. For the reasons, that follow we sustain the State’s sole point of error and reverse the judgment of the trial court. FACTUAL BA

CUÉLLAR, J. **74 *992 This automatic appeal follows from defendant Ennis Reed's 1999 conviction and death sentence for the murders of Amarilis Vasquez and Paul Moreland. Reed contends that several e

957 So.2d 833 (2007) STATE of Louisiana v. Eldred JOHNSON. No. 06-KA-859. Court of Appeal of Louisiana, Fifth Circuit. April 11, 2007. *834 Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Anne Wallis, Jay Adair, Trial Attorney, Ken Dohre, Trial Attorney, Assistant

685 F.Supp.2d 956 (2010) Robert Allen POYSON, Petitioner, v. Charles L. RYAN, et al.,[1] Respondents. No. CV 04-0534-PHX-NVW. United States District Court, D. Arizona. January 20, 2010. *961 Michael Llewellyn Burke, Megan Blythe Moriarty, Federal Public Defenders Office, Phoenix, AZ, for Petitioner. Jim D. Niels