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