No. 18-7374

David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the Fifth Circuit erred in holding that a court may indulge 'post hoc rationalization' for counsel's decision making that contradicts the available evidence of counsel's actions in an ineffective assistance of counsel claim under AEDPA

Question Presented (OCR Extract)

QUESTION PRESENTED Has the Fifth Circuit erred in holding, that in an ineffective assistance of counsel claim under AEDPA, a court may indulge “post hoc rationalization” for counsel’s decision making that contradicts the available evidence of counsel's actions? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent Lorie Davis, Director, TDCJ, Correctional Institutions Division to respond filed.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2019)

Attorneys

David Mejia
Nelson Starbranch EbaughNelson S. Ebaugh, P.C., Petitioner
Nelson Starbranch EbaughNelson S. Ebaugh, P.C., Petitioner
Lorie Davis, Director, TDCJ, Correctional Institutions Division
Kyle Douglas HawkinsTexas Attorney General's Office, Respondent
Kyle Douglas HawkinsTexas Attorney General's Office, Respondent