Filed: Aug. 23, 2018
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals Tenth Circuit August 23, 2018 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT TRAVIS SHAMIER WILSON, Petitioner - Appellant, v. No. 18-5005 (D.C. No. 4:14-CV-00422-JED-TLW) JIMMY MARTIN, Warden, (N.D. Okla.) Respondent - Appellee. ORDER DENYING CERTIFICATE OF APPEALABILITY * Before PHILLIPS, McKAY, and BALDOCK, Circuit Judges. Petitioner Travis Wilson seeks a certificate of appealability to appeal the district court’s denial
Summary: FILED United States Court of Appeals Tenth Circuit August 23, 2018 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT TRAVIS SHAMIER WILSON, Petitioner - Appellant, v. No. 18-5005 (D.C. No. 4:14-CV-00422-JED-TLW) JIMMY MARTIN, Warden, (N.D. Okla.) Respondent - Appellee. ORDER DENYING CERTIFICATE OF APPEALABILITY * Before PHILLIPS, McKAY, and BALDOCK, Circuit Judges. Petitioner Travis Wilson seeks a certificate of appealability to appeal the district court’s denial o..
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FILED
United States Court of Appeals
Tenth Circuit
August 23, 2018
UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
TRAVIS SHAMIER WILSON,
Petitioner - Appellant,
v. No. 18-5005
(D.C. No. 4:14-CV-00422-JED-TLW)
JIMMY MARTIN, Warden, (N.D. Okla.)
Respondent - Appellee.
ORDER DENYING CERTIFICATE OF APPEALABILITY *
Before PHILLIPS, McKAY, and BALDOCK, Circuit Judges.
Petitioner Travis Wilson seeks a certificate of appealability to appeal the
district court’s denial of his § 2254 habeas corpus petition.
Petitioner was convicted of first-degree murder and sentenced to life
imprisonment. His direct appeal and state post-conviction challenges were
unsuccessful.
Petitioner then filed this federal habeas petition, in which he raised three
claims for relief: (1) the evidence presented at trial was insufficient to support
*
This order is not binding precedent except under the doctrines of law of
the case, res judicata, and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
his conviction; (2) the trial court erred in admitting into evidence the 911 tape in
which Petitioner’s niece identified him as the person who shot her boyfriend, and
the court compounded the error by allowing the tape to be played more than once;
and (3) Petitioner received ineffective assistance of counsel with respect to his
right to testify at trial. The district court held that Petitioner’s third claim was
procedurally barred because Petitioner had not raised it in the state court. As for
Petitioner’s first and second claims, the district court concluded that Petitioner
had not met the demanding standard for relief under § 2254(d).
Petitioner seeks a certificate of appealability to challenge the district
court’s denial of his first and second claims for habeas relief.
We have carefully reviewed Petitioner’s brief, the record on appeal
(including all of the state trial transcripts and exhibits), and the relevant cases.
We are persuaded that reasonable jurists would not debate the correctness of the
district court’s decision. See Slack v. McDaniel,
529 U.S. 473, 484 (2000). The
district court correctly and comprehensively explained why Petitioner was not
entitled to relief on any of the claims raised in his habeas petition, and we have
nothing to add to this explanation. We therefore DENY Petitioner’s request for a
certificate of appealability and DISMISS the appeal.
Entered for the Court
Monroe G. McKay
Circuit Judge
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