No. 18-6680

Roberto Moreno Ramos v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-14
Status: Denied
Type: IFP
IFP
Tags: calderon-v-thompson circuit-court conflict-of-interest counsel-conflict death-penalty due-process habeas-corpus ineffective-assistance-of-counsel mandate-recall miscarriage-of-justice standard-of-review
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: N/A
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2018-11-14
Application (18A510) referred to the Court.
2018-11-14
Petition DENIED.
2018-11-14
Application (18A510) denied by the Court.
2018-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2018)
2018-11-14
Application (18A510) for a stay of execution of sentence of death, submitted to Justice Alito.
2018-11-14
Brief of respondent Lorie Davis in opposition filed.

Attorneys

Lorie Davis
Tina J. MirandaTexas Attorney General, Respondent
Tina J. MirandaTexas Attorney General, Respondent
Roberto Ramos
Danalynn RecerGulf Region Advocacy Center, Petitioner
Danalynn RecerGulf Region Advocacy Center, Petitioner