Howle v. Ward ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-31162
(Summary Calendar)
ROBERT N. HOWLE,
Petitioner-Appellant,
versus
KELLY WARD; WARDEN, WADE
CORRECTIONAL CENTER,
Respondents-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
(99-CV-125-C)
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July 18, 2000
Before POLITZ, WIENER, and PARKER, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Robert N. Howle, a Louisiana state
prisoner, appeals from the denial of his habeas corpus petition
filed pursuant to 28 U.S.C. § 2254. Howle was granted a
certificate of appealability by the district court on the issue
whether his Sixth Amendment right to cross-examine a state witness
was violated by the trial court’s rulings. He has not shown that
he is entitled to relief on that ground. The testimony about the
witness’s history of alcohol abuse was not necessary to argue that
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
the witness was unable to perceive events accurately on the night
of the shooting. See Davis v. Alaska, 415 U.S. 308, 318
(1974)(counsel should be allowed to present evidence from which
jurors could “appropriately draw inferences relating to the
reliability of the witness.”). Howle has not shown that the
witness’s prior unadjudicated offense of insurance fraud was an
appropriate line of cross-examination. Id. Finally, Howle has not
shown that his attorney was precluded from questioning the witness
about his use of Xanax on the night of the shooting and its effects
on his perceptions. See Shaw v. Collins, 5 F.3d 128, 132 (5th Cir.
1993)(a habeas petitioner must show that a limitation of cross-
examination affected or influenced the verdict). Consequently, the
district court’s denial of his habeas petition is
AFFIRMED.
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