No. 18-6197

Juan Francisco Medina Ortiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-protections due-process exhaustion fair-trial fifth-amendment fourteenth-amendment habeas-corpus labeling state-courts
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether a claim made in the habeus corpus petition that is substantially the same and invokes the same constitutional protections, but labeled differently, is exhausted when it has been raised and decided upon by the state courts

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a claim made in the habeus corpus petition that is substantially the same and invokes the same constitutional protections, but labeled differently, is exhausted when it has been raised and decided upon by the state courts. 2. Whether the exclusion of the recorded interview violated the Petitioner’s due process rights to a fair trial and opportunity to present a defense under the Fifth, Sixth, and Fourteenth Amendments. 3. Whether the State’s failure to prove indispensable elements of the charged crimes charged violated the Petitioner’s right to due process under the Fifth and Fourteenth Amendments. 4. Whether the arbitrary application of the Rule of Completeness by the Texas Court violated the Petitioner’s right to Due Process under the Fifth and Fourteenth Amendments.

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-15
Waiver of right of respondent Lorie Davis to respond filed.
2018-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)
2018-08-20
Application (18A172) granted by Justice Alito extending the time to file until September 30, 2018.
2018-07-13
Application (18A172) to extend the time to file a petition for a writ of certiorari from August 1, 2018 to September 1, 2018, submitted to Justice Alito.

Attorneys

Juan Francisco Medina Ortiz
Patrick Michael MegaroHalscott Megaro, P.A., Petitioner
Lorie Davis
Craig William CosperTexas Attorney General's Office, Respondent