Reinaldo Dennes v. Lorie Davis, Director

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

___________________ United States Court of Appeals Fifth Circuit

FILED No. 17-70010 May 29, 2019 ___________________ Lyle W. Cayce Clerk REINALDO DENNES,

Petitioner - Appellant

v.

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent - Appellee

_______________________

Appeal from the United States District Court for the Southern District of Texas _______________________

Before JONES, SMITH, and DENNIS, Circuit Judges. PER CURIAM: Having heard oral argument on petitioner’s application for a COA, and reviewed the parties’ lengthy briefing, this court grants the COA limited to the following issues: 1. the claim that the state suppressed evidence that Balderas was a “long-time informant” for law enforcement in Harris County, Texas; and

2. the claim that the state suppressed evidence or denied due process by not timely revealing information about Balderas’s, Fugon’s and Elvira’s participation in the Tsang robbery; and

3. how petitioner satisfies the cause/prejudice standards for not having raised these issues in the state court. No. 17-70010

The court notes that extensive briefing about these issues has already been provided. Therefore, any further briefing must be limited to supplemental evidence and authorities. The parties’ supplemental briefs are limited to 20 pages each. Further, petitioner must furnish this briefing within thirty days hereof, and the state must respond within twenty-one days. SO ORDERED.