Casey v. Cockrell

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20960
GERALD CASEY,
Petitioner-Appellant,
versus
JANIE COCKRELL, Director, Texas
Department of Criminal Justice,
Respondent-Appellee.
Appeal from the United States District Court
for the Southern District of Texas
(4:98-CV-1685)
September 12, 2001
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Gerald Dwight Casey was found guilty of capital murder and
sentenced to death by a Texas jury. The Texas courts have rejected
his appeals. He requests a certificate of appealability wishing to
appeal the United States District Court’s denial of his request for
federal habeas relief. We affirm the denial of federal relief and
his request for certificate of appealability, previously denied by
the district court, for essentially the reasons stated by Judge
Melinda Harmon in her detailed opinion filed March 9, 2000.

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2
Casey exhausted none of the claims presented in his federal
petition. Rather, Casey sought a dismissal from the federal court
to enable his return to the state court. Judge Harmon concluded
that these claims would face a procedural bar in the state court,
a bar sufficient to constitute a ground independent of the
constitutional claims. Alternatively, she concluded that none of
the claims have merit.
In sum, the district court concluded that Casey failed to
present a colorable case sufficient to require discovery or a
violation of Brady. As for the Brady claim, there was an
inadequate showing that the State ever had the material it
assertedly withheld or that its exculpatory force was more than
equivocal.
At bottom, Casey says his girlfriend did the killing. His
girlfriend testified that Casey did it. Apart from the
implausibility of Casey’s story on its face, this was all played
out to the jury who convicted Casey and sentenced him to death.
The request for a certificate of appealability is DENIED, and
the judgment denying relief is AFFIRMED.

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