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CHAVEZ v. COCKRELL

No. 02-10050.

310 F.3d 805 (2002)

Juan Rodriguez CHAVEZ, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 2002.

Attorney(s) appearing for the Case

Donel Lee Davidson, Bedford, TX, for Petitioner-Appellant.

James Richard Broughton, Austin, TX, for Respondent-Appellee.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Petitioner-Appellant Juan Rodriguez Chavez seeks a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c), to appeal the district court's denial of his 28 U.S.C. § 2254 habeas petition. Chavez argues that he was denied the presumption of innocence and the right to an impartial jury when the "stun belt" that he was forced to wear during trial inadvertently activated in the presence of the jury. Because we find...

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