
- Fifth circuit court of appeals judges driver#
- Fifth circuit court of appeals judges trial#
- Fifth circuit court of appeals judges license#
Fifth circuit court of appeals judges driver#
On his way home, he pulled off at an Exxon fueling station and shot tanker driver Nicholas Velasquez in the back. He gunned his motorcycle alongside the truck and emptied his clip into the cab, killing Robert Everett, the driver. Then, in 1998, he was out for a night ride on his Harley when he claimed an 18-wheeler nearly ran him off the road. He was, after all, once a financial analyst. His petition is also lucid and articulate. It’s handwritten and a little messy, but Feldman is no dummy. So, he filed his own petition with a federal district court last week. Now he’s running out of road, but Feldman is in no hurry to become the 503rd Texas inmate to meet the end.
Fifth circuit court of appeals judges trial#
He claims his trial attorney failed to investigate the role his alleged bipolar disorder played in the murders. His petition for a state writ of habeas corpus based on ineffective assistance of counsel has gone nowhere. That appeal, too, has been rejected, clearing the way for Feldman’s execution at the end of the month.īarring a stay of execution, Douglas Feldman is scheduled to die in nine days. “Even though sudden passion arising from an adequate cause is not a legally valid defense to capital murder under Texas law, it is definitely a factually valid rational explanation of the causal events leading up to the offense,” Feldman argued in a subsequent, handwritten appeal he filed on his own with the Fifth Circuit. According to Feldman the murders arose out of a “sudden passion” and thus mitigated his culpability. On appeal, Feldman argued that qualified jurors had been improperly excluded from the jury pool, that his attorney failed to present evidence that he suffered from bipolar disorder as possibly mitigating evidence, and that his trial judge erred by not allowing jurors to consider a lesser charge of murder (which would spare Feldman’s life), among other arguments. On July 31, he will become the 503rd inmate put to death in Texas since reinstatement, and the 11th inmate killed by the state this year. Velasquez because the man was standing beside an, which caused Feldman to ‘explode again in anger.'” Feldman was convicted and sentenced to die. Circuit Court of Appeals opinion in the case. Everett for his trespasses,” reads a Fifth U.S. Feldman was arrested and charged with capital murder.įeldman admitted to police that he was responsible for the shootings, and at trial testified in his own defense, “noting that he had not forgiven Mr.
Fifth circuit court of appeals judges license#
A bystander to the Vega shooting called in Feldman’s license plate number and police were able to match Feldman’s gun to all three shootings. More than a week later Feldman shot Antonio Vega, as Vega stood next to an 18-wheeler outside a Jack in the Box restaurant again, Feldman said the sight of the truck was what compelled him to shoot. Feldman rode into the station and fired two rounds into Velasquez’s back, killing him the sight of the man next to the truck sent him back into a rage, he testified at his 1999 trial. Less than an hour later, and about 11 miles from the scene of Everett’s murder, Feldman passed an Exxon service station, where 62-year-old Nicolas Velasquez, a tanker driver, was replenishing the station’s gas supply. Feldman was enraged, according to court records, pulled out a pistol and fired several rounds into the back of the truck before reloading the weapon and speeding up to parallel with the cab to shoot Everett. Reportedly, Feldman was riding his Harley-Davidson on Dallas’ Central Expressway in August 1998 when Everett sped up next to him and then abruptly changed lanes in front of Feldman, nearly clipping him. Just two months after his 40th birthday, Dallas County resident Douglas Feldman, rode his motorcycle up next to the cab of an 18-wheeler and fired a half-dozen rounds into the passenger area, killing 36-year-old driver Robert Everett. It hears cases out of Texas, Louisiana and Mississippi. appeals courts that hear cases that have run out of state-level appeals. The New Orleans-based Fifth Circuit is one of 12 regional U.S. He is being held in the Polunsky Unit, home of the Texas death row for men. Hernandez was sentenced to death in the 1997 slaying in Kerrville of a rancher who employed him as a hired hand. In its ruling Friday, the panel also rejected Hernandez’s request to expand his appeal to include claims that his lawyer was both ineffective and biased and that the trial court wrongly admitted evidence of previous convictions in Mexico. Circuit Court of Appeals affirmed a lower court’s opinion that Ramiro Hernandez is not retarded, despite expert testimony that he suffers from mood and thought disorders and has received IQ scores ranging from the 50s to the 80s. LIVINGSTON, Texas – A Mexican national on Texas death row has lost an appeal in which he claims he is mentally retarded and therefore ineligible for execution.
