No. 18-7650

Robert Mitchell Jennings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-01-30
Status: Denied
Type: IFP
IFP
Tags: appellate-review claim-exhaustion exhaustion-doctrine federal-habeas federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel johnson-v-williams judicial-legitimacy judicial-procedure merits-review procedural-default trevino-v-thaler
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Does a court contravene Johnson v. Williams, 569 U.S. 289 (2013), evade application of Trevino v. Thaler, 569 U.S. 413 (2013), and depart from the accepted and usual course of judicial proceedings

Question Presented (OCR Extract)

QUESTION PRESENTED Does a court contravene Johnson v. Williams, 569 U.S. 289 (2013), evade application of Trevino v. Thaler, 569 U.S. 413 (2013), and depart from the accepted and usual course of judicial proceedings, when it holds in one opinion that an claim was unexhausted and procedurally defaulted, then holds in a second opinion in the same case that the same claim was decided on the merits, and the only reason for revisiting the claim was this Court’s recognition of a narrow path to overcome the procedural default after final judgment?

Docket Entries

2019-01-30
Application (18A775) referred to the Court.
2019-01-30
Application (18A775) denied by the Court.
2019-01-30
Petition DENIED.
2019-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2019)
2019-01-30
Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2019-01-29
Application (18A775) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Lorie Davis, Director, Texas Department of Criminal Justice, Institutions Division
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Robert Jennings
Tivon SchardlFederal Defender, Capital Habeas Unit, Western Dis, Petitioner
Tivon SchardlFederal Defender, Capital Habeas Unit, Western Dis, Petitioner