John Steven Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus Privacy
Whether in denying a COA, the Fifth Circuit's methodology in the Gardner opinion is in conflict with Wilson v. Sellers and Miller-El
QUESTION PRESENTED In Wilson v. Sellers, this Court instructed that a federal court should train its attention on the particular legal and factual reasons of the state-court, merits-decision and determine if the reasons "involved" an unreasonable application of Supreme Court law or "were based on" an unreasonable determination of fact. In contrast, because "the district court found that the state habeas court's findings on the claim[s] were not unreasonable," the Fifth Circuit in the Gardner opinion, "simply reviewed the reasons" and agreed with the federal district court. The Fifth Circuit made a meritsbased Strickland determination adverse to Mr. Gardner, and denied COA. Mr. Gardner asks this Court to grant certiorari to answer the question: I. Whether in denying a COA, the Fifth Circuit's methodology in the Gardner opinion is in conflict with Wilson v. Sellers and Miller-El. ii