Garcia v. Stephens, Director TDCJ-CID
| Joseph C Garcia |
| Nathaniel Quarterman |
| 3:2006cv02185 |
| April 2, 2008 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Barbara M. G. Lynn |
| Paul D Stickney |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
148
MEMORANDUM OPINION AND ORDER: Garcia's motion for relief under Rule 60(b) (doc. 142 ) is a successive application for habeas relief and is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit along with the application to st ay his execution (Stay Motion, doc. 144 ). The Clerk of Court is DIRECTED to open for statistical purposes a new civil action and to close the same on the basis of this Order. The Court DENIES a certificate of appealability. (Civil case 3:18-cv-3195-M opened) (Ordered by Chief Judge Barbara M.G. Lynn on 12/3/2018) (axm)
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Filing
118
Memorandum Opinion and Order on Post-Judgment Motions: That portion of Garcias Motion under Federal Rules of Civil Procedure 52(b) requesting that as to Garcias claim that trial counsel was ineffective for failing to object to the excusal of Chmurz ynski for cause, because Garcia had not shown that a biased juror actually served on this jury (doc. 103 at 10) is MODIFIED to excise that reason from the reasons given in the Memorandum Opinion and Order. For the reasons described, the remainder of Garcias motion under Federal Rules of Civil Procedure 52(b), 59(a), and 59(e) is DENIED. SO ORDERED. (Ordered by Judge Barbara M.G. Lynn on 10/29/2015) (mem)
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Filing
103
Order Accepting and Modifying 42 Findings, Conclusions, and Recommendation of the United States Magistrate Judge and Denying Certificate of Appealability. The objections are overruled, the recommendation is accepted as modified in this Order, and the amended petition for a writ of habeas corpus is denied. (Ordered by Judge Barbara M.G. Lynn on 5/28/2015) (jrr)
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Filing
74
MEMORANDUM OPINION AND ORDER: Respondent's motion to cancel the evidentiary hearing and alternative motion to limit the scope of evidentiary development (ECF No. 68 ) is DENIED IN PART and GRANTED IN PART as follows. Respondent's request that the Court hold the evidentiary hearing is prohibited by 28 U.S.C. § 2254(e)(2) (Mot. at 3-12) is DENIED without prejudice to its reconsideration when the Court decides whether evidence presented at the hearing may be considered in addres sing the merits of a claim that is shown to come within an exception to procedural bar. Respondent's request to exclude evidence pertaining to the claim that was denied on the merits by the state court (Mot. at 12-13) is GRANTED. Respondent� 39;s request to exclude any claim not presented in these proceedings (Mot. at 13-14) is GRANTED to the extent that the hearing is limited to claims presented in these proceedings within the limitations period. Respondent's request to exclude the live testimony of witnesses other than trial counsel and state habeas counsel (Mot. at 15) is also GRANTED. The remainder of Respondent's motion is DENIED. (Ordered by Judge Barbara M.G. Lynn on 4/15/2014) (twd)
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| Petitioner: Joseph C Garcia | |
| Represented By: | Richard E Langlois |
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| Respondent: Nathaniel Quarterman | |
| Represented By: | Laura G Berins |
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