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interesting little second petition discussion

By Karl R. Keys, Esq.

The Fifth Circuit in Humberto Leal Garcia v Quartermanoffers up an odd little decision on second habeas petitions vs. successors. Leal is a foreign national on death row in Texas.  Post-Avena but pre-Medellin Leal exhausted a Vienna Convention right claim and filed a habeas petition in federal court. The district court denied relief finding it did not have jurisdiction. The Leal Court  holds that  the district court had jurisdiction, but that it nonetheless in light of  Medellin Leal must lose.  Specificaly, the panel holds that  Avena and the subsequent Bush Administration attempts to have Texas enforce Avena  “was not previously available to him, making Leal?s petition non-successive.“ As it was non-successive, Leal?s second habeas petition did not require a COA, so it follows that the district court did have jurisdiction...continue to full post

Full post as published by Capital Defense Weekly on June 17, 2009 (boomark / email).