No. 18-6834

Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-27
Status: Denied
Type: IFP
IFP
Tags: death-penalty eighth-amendment federal-death-penalty federal-habeas federal-procedure final-judgment fourteenth-amendment habeas-corpus rule-58
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-03-22
Question Presented (AI Summary)

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 (from Petition)

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

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-20
Brief of respondent Lorie Davis in opposition filed.
2019-01-25
Motion to extend the time to file a response is granted and the time is further extended to and including February 27, 2019.
2019-01-23
Motion to extend the time to file a response from January 28, 2019 to February 27, 2019, submitted to The Clerk.
2018-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 28, 2019.
2018-12-11
Motion to extend the time to file a response from December 27, 2018 to January 28, 2019, submitted to The Clerk.
2018-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2018)

Attorneys

Dexter Johnson
Patrick F. McCannLaw offices of Patrick F. McCann, Petitioner
Patrick F. McCannLaw offices of Patrick F. McCann, Petitioner
Lorie Davis
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent