No. 18-674

Jedidiah Isaac Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-23
Status: Denied
Type: Paid
Tags: brady-violation criminal-procedure-error cross-examination due-process expert-witness habeas-corpus ineffective-assistance-of-counsel materiality materiality-standard presumption-of-correctness prosecutorial-misconduct psychological-evaluation standard-of-review
Key Terms:
HabeasCorpus Punishment Jurisdiction
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether the court of appeals erred in requiring that an expert witness, instead of trial counsel, correct the false impression that the prosecutor created

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the court of appeals erred in requiring that an expert witness, instead of trial counsel, correct the false impression that the prosecutor created on cross-examination that the leading experts in the country on the interpretation of certain psychological tests had evaluated Murphy’s results and concluded that he would be dangerous in prison and in requiring that Murphy prove that the chance of a different result was substantial rather than reasonably probable. 2. Whether the court of appeals erred in affording the presumption of correctness to the state trial court’s alternative fact findings that the suppressed evidence was not material, which the appellate court did not authorize or adopt when it dismissed the subsequent habeas corpus application on procedural grounds without considering the merits.

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-23
Brief of respondent Lorie Davis, Director, TX DCJ in opposition filed.
2018-12-21
Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2019.
2018-12-18
Motion to extend the time to file a response from December 24, 2018 to January 23, 2019, submitted to The Clerk.
2018-11-20
Petition for a writ of certiorari filed. (Response due December 24, 2018)

Attorneys

Davis, Dir., TX DCJ
Edward Larry Marshall — Respondent
Jedidiah Isaac Murphy
Randolph L. Schaffer Jr. — Petitioner