No. 18-6062
Ramiro Rubi Ibarra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP
Tags: civil-rights constitutional-rights due-process equitable-exception final-conviction habeas-corpus martinez-exception martinez-v-ryan procedural-default retroactive-rights retroactivity
Key Terms:
DueProcess HabeasCorpus Punishment
DueProcess HabeasCorpus Punishment
Latest Conference:
2019-01-18
Question Presented (AI Summary)
Whether the equitable exception to procedural default recognized in Martinez v. Ryan should be extended to claims based on retroactive rights in cases where the right was not recognized until after the conviction became final
Question Presented (OCR Extract)
QUESTION PRESENTED 1. Could reasonable jurists debate whether the equitable exception to procedural default recognized in Martinez v. Ryan, 566 U.S. 1 (2012), should be extended to claims based on retroactive rights in cases where the right was not recognized until after the conviction became final? ii
Docket Entries
2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-19
Brief of respondent Lorie Davis in opposition filed.
2018-11-05
Order entered extending the time to file a response to the petition to and including January 7, 2019.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2018)
Attorneys
Lorie Davis
Stephen Matthew Hoffman — Office of the Attorney General, Respondent
Stephen Matthew Hoffman — Office of the Attorney General, Respondent
Ramiro Ibarra
Naomi Terr — Kuykendall and Associates, Petitioner
Naomi Terr — Kuykendall and Associates, Petitioner