No. 18-7081

Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-claims due-process false-testimony giglio giglio-v-united-states habeas-corpus habeas-corpus-review prosecutorial-misconduct slack-v-mcdaniel standing summary-judgment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether Slack v. McDaniel requires a court of appeals to issue a certificate of appealability to a challenge a district court's holding that Giglio permits the government to use false testimony or fail to correct such testimony to convict a defendant

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Slack v. McDaniel, 529 U.S. 473 (2000), requires a court of appeals to issue a certificate of appealability to a prisoner to challenge a district court’s holding that Giglio v. United States, 405 U.S. 150 (1972), permits the government to use false testimony or fail to correct such testimony to convict a defendant where the witness did not intentionally testify falsely or was not directed to testify falsely by a prosecutor. 2. Whether Slack v. McDaniel, 529 U.S. 473 (2000), requires a court of appeals to issue certificates of appealability to a prisoner to challenge the summary judgment dismissal of his constitutional claims that turns not upon the lack of a genuine dispute as to material facts, but upon the application of unfavorable inferences drawn by a district court. i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)

Attorneys

Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Marlon Dantruce Williams
Mark Glendon ParentiParenti Law PLLC, Petitioner