Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess FifthAmendment HabeasCorpus Punishment CriminalProcedure JusticiabilityDoctri
What are the requirements under Rule 58 for a final judgment in district court for a federal death penalty habeas petition under the Eighth and Fourteenth Amendments as interpreted by this Court?
QUESTION PRESENTED WHAT ARE THE REQUIREMENTS UNDER RULE 58 FOR A FINAL JUDGMENT IN DISTRICT COURT FOR A FEDERAL DEATH PENALTY HABEAS PETITION UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS AS INTERPRETED BY THIS COURT? Mr. Johnson is under sentence of death from the 208 District Court in Harris County for a capital murder of a young woman and her boyfriend under Article 37.071, Texas Code of Criminal Procedure (Vernon 1987). The case has been before this Court once before but the issue here is a critical one under Supreme Court Rule 10. The Petitioner believes the federal district court never issued a correct and proper final judgment in this matter as to a number of the claims raised in the original habeas, and that thus these issues still remain open and undecided. Since the Fifth Circuit never granted a certificate of appealability it never acquired jurisdiction over these issues either. So, in order to answer this critical procedural question as to whether the federal district court still has jurisdiction over these matters, the Petitioner seeks certiorari, and asks the Court to decide the question above as it relates to Mr. Johnson. 22