U.S. Court of Appeals for the Fifth Circuit, 2020

James Broadnax v. Lorie Davis, Director

James Broadnax v. Lorie Davis, Director
U.S. Court of Appeals for the Fifth Circuit · Decided July 24, 2020

James Broadnax v. Lorie Davis, Director

Opinion

Case: 19-70014 Document: 00515502923 Page: 1 Date Filed: 07/24/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-70014 July 24, 2020 Lyle W. Cayce JAMES GARFIELD BROADNAX, Clerk

Petitioner - Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CV-1758

Before JONES, HIGGINSON, and OLDHAM, Circuit Judges.

PER CURIAM:* The court has pending the parties’ briefing on a motion for COA from the district court’s denial of habeas relief in this capital case. The court GRANTS COA limited to one issue: Whether the district court erroneously concluded that the spreadsheet was barred by Pinholster and 28 U.S.C. § 2254(d)(2). (Issue IA(2)(b) and (d) in Petitioner’s Briefing).

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 19-70014 Document: 00515502923 Page: 2 Date Filed: 07/24/2020

No. 19-70014 Because significant briefing about this issue has already been provided, any further briefing must be limited to supplemental evidence and authorities.

The parties’ supplemental briefs are limited to 20 pages each. Petitioner’s brief is due thirty days from today, with Respondent’s brief due 21 days thereafter.

SO ORDERED.

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