Denial of Certificate of Appealability for Gerald Marshall

Podcast: Swear on the Stand · Daniel W. Swear

Opublikowano: 2026-09-23

This episode discusses a formal opinion from the United States Court of Appeals for the Fifth Circuit regarding the capital murder case of Gerald Marshall. After Marshall was sentenced to death for a 2003 robbery and shooting, he sought a certificate of appealability to challenge several constitutional and procedural issues. The court systematically reviews his allegations, which include claims of prosecutorial misconduct, ineffective assistance of counsel, and racial bias. Ultimately, the appellate court denies Marshall’s application, ruling that his claims are procedurally defaulted under Texas law and that he failed to demonstrate a fundamental miscarriage of justice. This ruling ef...