No. 18-5948

Patrick Henry Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
IFP
Tags: conspiracy criminal-conspiracy death-penalty death-penalty-sentencing eighth-amendment enmund-v-florida-tison-v-arizona felony felony-murder jury-findings sentencing-requirements sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Does the Sixth or Eighth Amendment require that before a party may be sentenced to death as a conspirator (rather than a trigger-person), the jury must find, at a minimum, that the party participated in a felony?

Question Presented (OCR Extract)

Questions Presented Does the Sixth or Eighth Amendment require that before a party may be sentenced to death as a conspirator (rather than a trigger-person), the jury must find, ata minimum, that the party participated in a felony? Does this Sixth Amendment require the findings required by this Court’s opinions in Enmund v. Florida and Tison v. Arizona be made by a jury? iv

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-29
Reply of petitioner Patrick Henry Murphy filed.
2018-10-12
Brief of respondent Davis, Dir., TX DCJ in opposition filed.
2018-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Davis, Dir., TX DCJ
Gwendolyn Suzanne VindellOAG, Respondent
Patrick Henry Murphy
David R. DowUniversity of Houston Law Center, Petitioner