No. 18-7326

Mark Anthony Soliz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-01-11
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: certiorari-standard due-process federal-habeas-review federal-jurisdiction fifth-circuit-review habeas-corpus judicial-interpretation plain-statement-rule procedural-default state-court-decision state-court-determination state-court-proceedings
Key Terms:
CriminalProcedure
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether this Court should grant certiorari to remand this case to the Fifth Circuit because the Fifth Circuit misapplied this Court's 'plain statement' rule

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether this Court should grant certiorari to remand this case to the Fifth Circuit because the Fifth Circuit misapplied this Court’s “plain statement” rule to determine if a state court’s procedural default determination did not clearly state that it was relying on specific state rules to predicate said default.

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-02-28
Brief of respondent Lorie Davis in opposition filed.
2019-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2019.
2019-02-04
Motion to extend the time to file a response from February 11, 2019 to March 4, 2019, submitted to The Clerk.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2019)
2018-12-10
Application (18A595) granted by Justice Alito extending the time to file until January 9, 2019.
2018-12-05
Application (18A595) to extend the time to file a petition for a writ of certiorari from December 17, 2018 to January 9, 2019, submitted to Justice Alito.

Attorneys

Lorie Davis
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Mark Soliz
Seth KretzerLaw Office of Seth Kretzer, Petitioner
Seth KretzerLaw Office of Seth Kretzer, Petitioner