Fifth Circuit denies Texas death row inmate's request for a COA
Posted on: 9/17/2012 01:11:23 PM by Peoples
On September 14, 2012, the Fifth Circuit (Higginbotham with Smith and Haynes) issued a published decision denying Douglas Feldman's request for a COA.  Feldman v. Thaler.   Feldman had sought a COA on three of the four claims denied by the district court: (1) ineffective assistance of counsel for failing to present readily available evidence of Feldman's bipolar disorder; (2) due process violation by the denial of a jury instruction on the lesser-included offense of simple murder; and (3) denial of an impartial jury and due process by the trial court's excusal of a qualified venire member merely because of her conscientious scruples about the death penalty.