Roberto Moreno Ramos v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Punishment
Did the Fifth Circuit err in applying the 'miscarriage of justice' standard and demanding clear and convincing evidence that no reasonable juror would have found the petitioner eligible for the death penalty?
QUESTION PRESENTED Given that Petitioner Moreno Ramos requested the circuit court recall its mandate solely to address a defect in the integrity of his habeas proceeding— namely, that his §3599-appointed counsel labored under a conflict of interest—did the Fifth Circuit err when it applied the “miscarriage of justice” standard of Calderon v. Thompson, 523 U.S. 538 (1998) and demanded that movant show by clear and convincing evidence that no reasonable juror would have found him eligible for the death penalty? ii