Broadnax v. Lumpkin, No. 19-70014 (5th Cir. 2021)
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Petitioner, convicted of capital murder and sentenced to death, filed a federal habeas petition under 28 U.S.C. 2254. After the district court rejected the petition and denied a certificate of appealability (COA), petitioner sought a COA under 28 U.S.C. 2253(c)(2) to appeal numerous issues.
The Fifth Circuit granted a COA and received additional briefing on a single issue pertinent to his Batson challenges to the jury's makeup. The court affirmed the district court's refusal to consider newly discovered evidence relevant to petitioner's Batson claim, because Cullen v. Pinholster, 563 U.S. 170, 131 S. Ct. 1388 (2011), bars its consideration. Furthermore, the court found no error in the district court's conclusions where petitioner failed to meet the standards embodied in section 2254(d); he has no basis to offer evidence outside the state record; and a certain spreadsheet was correctly barred from consideration in federal court. The court rejected petitioner's five other claims for relief and denied a COA on each of these claims.
This opinion or order relates to an opinion or order originally issued on July 24, 2020.
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