No. 18-7943

Robert David Watson v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability collateral-review luis-v-united-states new-rule retroactivity section-2255 supreme-court-rule teague-analysis teague-v-lane
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether Luis v. United States is retroactively applicable to cases on collateral review

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether Luis v. United States, 136 S. Ct. 1083 (2016) is retroactively applicable to cases on collateral review? 2) Whether under Slack v. McDaniel, 529 U.S. 473, 483 84 (2000) a petitioner for a certificate of appealability (COA) makes a sufficient showing that reasonable jurists could debate or agree that the issue at hand should have been replved_ in a different manner or that the issues presented were adequate to deserve encouragement to proceed further; when a new pronouncement by the Supreme Court is urged to be retroactive and applicable to collateral review under Teague v. Lane, 489 U.S. 288 (1989)? 3) Whether an explicit announcement of retroactivity by the Supreme Court is required under 28 U.S.C. § 2255(f£)(3) or whether Teague v. Lane, 489 U.S. 288 (1989) and its progeny define and determine when a new rule announced by the Supreme ~ Court is retroactively applicable to collateral review? i . oo CERTIFICATE OF INTERESTED PERSONS Robert David Watson Petitioner Reg. # 72972-279 United States of America Respondent United States Attorney's Office AUSA Renata A. Gowie 1000 Louisiana Street Suite 2300 Houston, TX 77002 Honorable Gray A. Miller Trial Court United States District Judge . ii

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2018-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2019)

Attorneys

Robert David Watson
Robert David Watson — Petitioner
Robert David Watson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent