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Williams v. Puckett

Under AEDPA, a petitioner is entitled to a certificate of appealability if he makes a substantial showing of the denial of a constitutional right; to make such a showing the petitioner must demonstrate that reasonable jurists could debate, or agree that the habeas petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.

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Appeal from the United States District Court for the Southern District of Mississippi

On January 11, 1983, Jessie Derrell Williams murdered Karen Ann Pierce. The killing was gruesome. Pierce likely was alive when Williams cut out her genitals. He then stabbed her in the chest and slit her throat. Williams does not dispute that he murdered Pierce nor does he dispute the manner in which he committed the murder. After a trial and conviction for capital murder, a jury sentenced Williams to death. After exhausting his state remedies, Williams sought habeas relief in federal district court. The district court denied his petition. Williams now seeks a certificate of appealability (“COA”). Williams argues that his constitutional rights were violated because (1) there was insufficient evidence presented to support a kidnaping conviction; (2) the prosecutor failed to turn over potentially exculpatory information; and (3) the jury that re-sentenced Williams (after his first sentence — but not his conviction — had been reversed) was not instructed on the elements of kidnaping. To obtain a COA, the defendant must make a substantial showing of the denial of a constitutional right. 28 U.S.C. � 2253(c)(2). Williams has not made such a showing with respect to any of his claims. We therefore deny his application for a COA.

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