Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

Rocha v. Thaler

After the state courts affirmed his conviction on direct and habeas review, petitioner learned that one of the officers who had testified at his trial had a disciplinary record and was romantically involved with the sister of the lone eyewitness. Now on federal habeas, he says the state suppressed this information in violation of Brady v. Maryland , a 1963 U.S. Supreme Court case. As to this first issue, he claims he would have used the information to impeach the trial testimony of both the officer and eyewitness. The district court denied relief but granted a certificate of appealability. On this issue, the 5th U.S. Circuit Court of Appeals affirmed the district court's denial of habeas relief because the information was immaterial to the jury's decision to convict. 5th U.S. Circuit Court of Appeals, No. Nos. 05-70028 and 09-70018, 09-09-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Published opinion

Before JOLLY, HIGGINBOTHAM, and HAYNES, Circuit Judges.

Federal habeas petitioner Felix Rocha confessed to the murder of Rafael Fuentes-a security guard found shot to death outside the Houston nightclub where he worked-but later pled not guilty and proceeded to trial. Texas indictments charged both Rocha and a co-defendant, Virgilio Maldonado, with capital murder, though each defendant was tried separately. A jury convicted Rocha and on its answer to the sentencing questions he was sentenced to death. State courts affirmed the conviction and sentence on direct review. Over the course of the next eight years, Rocha filed four state habeas applications and one federal habeas petition. All failed. The federal district court denied relief but held an evidentiary hearing and granted Rocha a certificate of appealability (“COA”) on his claim under Brady v. Maryland, a claim we now examine. Before this court Rocha also renews his request for a COA on two additional questions: whether he is entitled to review on the merits of his punishment-phase ineffective assistance of counsel claim under Wiggins v. Smith; and whether the state violated an individually-enforceable right under the Vienna Convention by failing to inform Rocha that he was entitled, as a Mexican citizen, to contact his country’s consulate. We affirm the district court, deny relief on Rocha’s Brady claim, and deny Rocha’s request for a COA on his claim under the Vienna Convention. We also hold that Rocha was not entitled to have a federal court review the merits of his Wiggins claim, but we grant his request for a COA on that question.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Go to Events Go to Webcasts

LABOR AND EMPLOYMENT ATTORNEY - NEW YORK


AV-rated Garden City, NY law firm seeks attorney with 5+ years' experience for firm's labor & employment department. Prior experience ne...


Apply Now ›

Trusts and Estates Associate Milford, CT


The Law Offices of Charles L. Kurmay seeks an associate attorney. While we have locations in Milford, and Madison, CT, and a presence in the...


Apply Now ›

MID - SENIOR LEVEL LITIGATION ASSOCIATE WANTED FOR BOUTIQUE BUSINESS LAW FIRM NO BILLABLE REQUIREMENT (Atlanta, GA)


Our client, a boutique business law firm based in Atlanta, is seeking to hire a mid-senior level associate for their expanding team. Litiga...


Apply Now ›
Go to Lawjobs

LAWYERS OF DISTINCTION

05/25/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

DAVIS, SAPERSTEIN & SALOMON, P.C.

05/08/2023
NJLJ Web

It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.


View Announcement ›

FERRO LABELLA & WEISS LLC

05/08/2023
NJLJ Web

FERRO LABELLA & WEISS LLC would like to announce that....


View Announcement ›
Go to Professional Announcements

Legal Newswire

New Legal Powerhouse, Trucking Injury Law Group, Launched by Trio of Esteemed Pe...
Kathryn Murphy and Lindsey Obenhaus honored by D Magazine as Best Lawyers in Dal...
BRADLEY LAUNCHES ATLANTA OFFICE
SEDA Experts Expands its Capital Markets and Asset Management Expert Witness Pra...
Submit a press release