Chappaquiddick on Bayou St. John – New Orleans, La.
Michelle M. Haensel Memorial Web Site
United
States Court of Appeals
For The
Fifth Circuit
No. 99-31218
USDC No. 98-CV-3069-H
Filed June 29, 2000
CHRISTOPHER
NABORS
Petitioner - Appellant
VERSES
NO.
98-3069
EDGAR C.
DAY, ET
AL
Respondent - Appellee
Appeal from the United States District
Court
for the Eastern
District of Louisiana
O R D E R:
Christopher
Nabors, Louisiana inmate #362005, request a certificate of appealability
(COA) to appeal the district court's dismissal of his petition for a writ of
habeas corpus filed pursuant to 28 U.S.C. p.2254.
Nabors contends that the trial court deprived him of due process by instructing
the jury that it could consider other competent evidence other than chemical
tests as proof that he was acting under the influence of alcohol. Nabors
contends that the instruction relieved the State of its burden of proof on an
element of the offence of vehicular homicide. He also contends that the trial
court deprived him of due process by admitting evidence of the results of blood
test from a contaminated blood sample and evidence of estimates of his blood
alcohol level at the time of the offense.
Nabors has
not made a substantial showing of the denial of a constitutional right on these
issues. See 28 U.S.C. 2253(c)(2). Accordingly, a COA
is denied.
\s\
Robert M. Parker
UNITED STATES CIRCUIT
JUDGE
The forgoing is a replication of the United States Court of Appeals For The
Fifth Circuit ruling in this case. A full copy can be obtained from
the Official Court records.