No. 18-5563

Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
IFP
Tags: closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Is an attorney ineffective when he fails to support a motion for mistrial with a violation of Defense's Motion in Limine?

Question Presented (OCR Extract)

QUESTION PRESENTED | ; Before the trial, Petitioner's trial counsel filed a motion in limine, which was granted by the trial court. By adoption, the court ordered that, if the prosecution intended to bring up any extraneous offenses during the guilt-innocence phase of the trial, the prosecution must first approach the bench for a ruling on the introduction of the evidence in question. During closing argument, the prosecution made an improper statement, which violated the motion in limine, concerning extraneous offenses. Petitioner's trial counsel moved for a mistrial, but failed to argue that the improper statement violated the motion in limine. : 1. Is an attorney ineffective when he fails to support a motion forimistrial with a violation of Defense's Motion in Limine? PETITION FOR A WRIT OF CERTIORARI i

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

Peter Cain Bruton
Peter Cain Bruton — Petitioner
Peter Cain Bruton — Petitioner