No. 18-5161

Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-07-06
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether the state court's application of the Jackson standard of review in evaluating the sufficiency of the evidence violated clearly established federal law as determined by the U.S. Supreme Court

Question Presented (from Petition)

QUESTION(S) PRESENTED The plain error of the State of Texas Appeals Courts on direct collateral review. The use of Jackson standard of view in the light most favorable to the , prosecution an unreasonable application of clearly established law as determined : by the U.S. Supreme Court. In voilation of Texas Const. Art. V § 5/6 and U.S. Const 5,6,14 of Burden of proof of necessary elements of offense. The Plain meaning rule applied to the AEDP Act of 1996 fundamental unfair to non capital cases where counsel is not appointed to file timely, and have access to information more readly than incarcerated pro se offender with not any formal legal law training. The plain language of the statute mean death penalty cases.

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-10-12
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Marvin Waddleton
Marvin Waddleton III — Petitioner
Marvin Waddleton III — Petitioner