DocketNumber: 98-30160
Filed Date: 7/29/1999
Status: Non-Precedential
Modified Date: 4/18/2021
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30160 Summary Calendar GREGORY SAVAGE, Petitioner-Appellant, versus BURL CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CV-1540 -------------------- July 29, 1999 Before KING, Chief Judge and HIGGINBOTHAM and STEWART, Circuit Judges. PER CURIAM:* The district court granted a certificate of appealability (COA) for Gregory Savage, Louisiana prisoner no. 127336, to appeal whether exculpatory evidence was withheld in violation of Brady v. Maryland,373 U.S. 83
, 87 (1963). Savage’s motion for appointment of counsel is DENIED. Having reviewed the record, the arguments on appeal, and the evidence in dispute -- a log of the investigation made by Catahoula Parish Deputy Sheriff Paul A. Blunchi, we hold that the evidence was neither material or * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-30160 -2- exculpatory. There was thus no violation of Brady. See United States v. Green,46 F.3d 461
, 464 (5th Cir. 1995). The district court’s denial of Savage’s 28 U.S.C. § 2254 petition for a writ of habeas corpus is AFFIRMED. Savage requests a COA to appeal whether counsel was ineffective for failing to call and/or question various witnesses about temporal discrepancies in evidence regarding when investigators discovered that a phone call was placed to Savage’s uncle from the crime scene. Savage has failed to make a substantial showing that he was denied effective assistance of counsel; COA is therefore DENIED. See 28 U.S.C. § 2253(c)(2). AFFIRMED; COA DENIED; ALL OUTSTANDING MOTIONS DENIED.