Ronnie Allen v. Lorie Davis, Director
706 F. App'x 186
| 5th Cir. | 2017Background
- Ronnie Lee Allen, a Texas prisoner, was convicted of aggravated robbery with a deadly weapon and sentenced to life.
- Allen filed a 28 U.S.C. § 2254 habeas petition; the district court denied relief and found one claim — challenge to admission of a handkerchief with his DNA — unexhausted and procedurally barred.
- Allen sought a certificate of appealability (COA) and moved to proceed in forma pauperis (IFP) on appeal.
- Allen asserted he had raised the handkerchief/DNA claim in his petition for discretionary review to the Texas Court of Criminal Appeals, contrary to the district court’s statement.
- The Fifth Circuit reviewed whether reasonable jurists would find the district court’s procedural ruling debatable and whether the merits of the handkerchief-evidence claim could be fairly assessed from the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Allen’s challenge to admission of handkerchief/DNA was exhausted in state court | Allen: he raised the claim in his petition for discretionary review to the Texas Court of Criminal Appeals | District court: claim was not presented to the state high court or in state habeas and thus unexhausted/procedurally barred | The district court erred in stating the claim was not presented; reasonable jurists could debate the procedural ruling; COA granted on exhaustion issue |
| Whether the handkerchief-evidence claim merits habeas relief | Allen: admission of the handkerchief with his DNA violated his constitutional rights | State: merits were not reached below and, in any event, would be meritless | Record is inadequate to fairly assess merits on appeal; remanded to district court for merits consideration |
| Ineffective assistance of counsel claims | Allen: trial counsel rendered ineffective assistance (various claims) | State: district court denied these claims on the merits | COA denied for Allen’s ineffective-assistance claims |
| Motion to proceed IFP on appeal | Allen: seeks pauper status to proceed | State: no opposition noted | IFP granted |
Key Cases Cited
- Slack v. McDaniel, 529 U.S. 473 (2000) (standard for COA where district court denies habeas on procedural or substantive grounds)
- Hughes v. Johnson, 191 F.3d 607 (5th Cir. 1999) (failure to brief an issue on appeal constitutes waiver)
- Houser v. Dretke, 395 F.3d 560 (5th Cir. 2004) (COA may be denied if underlying claim is meritless even when procedural ruling is debatable)