Douglas Feldman v. Rick Thaler, Director
695 F.3d 372
5th Cir.2012Background
- Feldman was convicted of capital murder in Texas and sentenced to death for killings in 1998 of Robert Everett and Nicolas Velasquez; Vega survived a later assault, with records showing Feldman as the shooter at three locations.
- Feldman’s defense did not present a bipolar-disease mitigating diagnosis at trial; post-conviction evidence later surfaced indicating bipolar diagnoses.
- The Texas Court of Criminal Appeals affirmed Feldman’s conviction in 2002; Feldman later pursued habeas relief under 28 U.S.C. § 2254 in federal court.
- The district court denied habeas relief and a certificate of appealability; Feldman sought to appeal on three claims: ineffective assistance of counsel, Beck/lesser-included instruction, and jury bias/Witherspoon issue.
- The district court applied AEDPA standards under § 2254(d) and (e) and concluded the CCA’s determinations were reasonable; Feldman seeks COA on all four, but this opinion covers three.
- The court ultimately denies a certificate of appealability on all three addressed claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for mitigating evidence | Feldman claims Oatman failed to present bipolar evidence | Oatman’s strategy was reasonable and not deficient | COA denied; no reasonable jurist would debate district court’s denial under Strickland/ AEDPA |
| Beck/lesser-included instruction viability | Beck requires a lesser-included instruction when rational jurors could acquit on non-capital theory | CCA’s Beck analysis was reasonable; no clear error under § 2254(d)(1) | COA denied; Beck not broadly controlling in this context; district court reasonable under prevailing law |
| Jury impartiality and Witherspoon exclusion | Ms. Dreifke should have been seated despite conscientious objections | Beck-Wainwright framework allows trial court discretion after voir dire | COA denied; district court’s ruling reasonable under AEDPA and controlling Fifth Circuit/Wainwright standards |
Key Cases Cited
- Beck v. Alabama, 447 U.S. 625 (1980) (strict limits on blanket exclusion of jurors with death-penalty views)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice standard for ineffective assistance)
- Cullen v. Pinholster, 131 S. Ct. 1388 (2011) (AEDPA review bar on new evidence; deferential standard for state-court findings)
- Uttecht v. Brown, 551 U.S. 1 (2007) (limits on juror exclusion and deference to trial judge under voir dire)
- Smith v. Quarterman, 471 F.3d 565 (2006) (reasonableness of counsel’s actions in death-penalty mitigation context)
- East v. Scott, 55 F.3d 996 (1995) (entitlement to lesser-included offense instruction depends on rational acquittal on capital theory)
- Arevalo v. State, 970 S.W.2d 547 (1998) (Texas rule on lesser-included offenses relative to capital murder)