Tommy Sells v. William Stephens, Director, 536 F. App'x 483

Sells murdered Kaylene Harris during a December 1999 home invasion in Texas and was sentenced to death after a short mitigation phase.
During sentencing, the state introduced psychological and criminology testimony about future violence and lack of remorse, and a prison isolation expert testified about confinement could reduce risk.
Sells presented defense mitigation evidence; the jury found a continuing threat and insufficient mitigating factors to warrant life imprisonment.
Sells pursued multiple state habeas petitions alleging ineffective assistance of trial counsel; the Texas Court of Criminal Appeals denied relief, and a later petition was dismissed as abuse of the writ.
Sells filed a federal habeas petition, which was stayed to allow Atkins (mental retardation) claims; after further developments, he filed an amended petition with extensive new exhibits, which the district court found unexhausted and procedurally barred.
The district court also denied Sells additional funding for investigation and development of the claims, and denied a COA. The Fifth Circuit affirms the denial of funding and denies a COA for the habeas petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exhaustion and default of IATC claims	Sells argues IATC claims were fairly presented or can be excused by cause.	State argues new evidence renders claims unexhausted and default, with no viable cause.	IATC claims unexhausted; no viable cause and prejudice shown.
District court funding for mitigation investigation	Sells contends additional funding was necessary to develop mitigating evidence.	State contends funds were not warranted given procedural bar and lack of substantial need.	District court did not abuse discretion; funding affirmed only if not procedurally barred.
Exclusion of administrative segregation videotape	Tape showed prison segregation could prevent future danger and should have been admitted.	Tape was irrelevant/cumulative and potentially prejudicial.	Exclusion did not violate due process or Eighth Amendment; not reasonably relevant to Sells's future dangerousness.
COA standard on district court's denials	Sells seeks COA on IATC and videotape issues and funding denial.	No COA on funding; COA standards apply to constitutional claims, not funding.	COA denied; no debatable constitutional issue.

Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (COA standard when district court denies petition on merits or procedural grounds)
Morris v. Dretke, 413 F.3d 484 (5th Cir. 2005) (exhaustion and evidence supplementation in habeas petitions)
Anderson v. Johnson, 338 F.3d 382 (5th Cir. 2003) (supplemental evidence does not always render claims unexhausted)
Ibarra v. Thaler, 691 F.3d 677 (5th Cir. 2012) (extensive new evidence can render claims unexhausted)
Dowthitt v. Johnson, 230 F.3d 733 (5th Cir. 2000) (exhaustion and evidentiary considerations in habeas)
Tennard v. Dretke, 542 U.S. 274 (U.S. 2004) (mitigating evidence and due process standards in capital cases)
Johnson v. Texas, 509 U.S. 350 (U.S. 1993) (mitigating evidence must be within the sentencer's reach)
Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (Strickland prejudice standard in evaluating mitigation evidence)
Martinez v. Ryan, 132 S. Ct. 1309 (S. Ct. 2012) (ineffective assistance of habeas counsel as cause for default)
Darden v. Wainwright, 477 U.S. 168 (U.S. 1986) (due process standard for evaluating trial errors)