No. 18-8141

Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-02-26
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Was trial counsel ineffective for not calling an alibi witness?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | 4. MAS TRIAL CMUNSEL INEFFECTIVE FMR NAT CALLING ALIRI WITNESS? ~ 2. WAS TRIAL COUNSEL INEFFECTIVE FOR VIALATING PETITIONERS DUE BROSSES OF LAL RUY NOT ORJECTING TO THE STATE FOR AMENDING THE ENHANCEMENT ON THE DAY OF TRIAL, WITHOUT GIVING THE PETITIONER THE 10, TEN DAVS ROUIREN RY LAU TO PREPARE FOR TRIAL. A. WAS TRIAL COUNSEL INEFFECTIVE FOR WITH HOLDING EVIDENCE FROM TRIAL THAT WOULD HAVE CHANGED THE QUT COME "EVIDENCE AFFIDAVIT SIGNED REFORE A JUDGE OF SOMEONE OTHER THAN THE PETITIONER THAT COMMITTED THE CRIME. &, DID THE PROCUTOR VINLATE THE PETITIONERS RIGHTS TO A FAIR TRIAL Fy NOT GIVINR THE PETITIONER THE 19 TEN DAYS REGUIRED RY LAW AND DUE PROSSES OF LAll TO PREPARE FOR TRIAL, 5. DID THE CMURT FOR THE WESTERN DISTRICT ARUSE ITS DISCRETION AY DISMISSING THE PETITINNERS SUPPLEMENTAL RRIEF ON PETITION TO AMEND AND ADOPT WITH NEW RELIARLE EVIDENCE "AFFIDAVIT SIGNED AY TRIAL COUNSEL THAT SHE HAD THE EVIDENCE” 6. WAS THE PETITIONER INTITAL TO DOURLE JEOPARDY WHEN STATE | GAVE THO SENTENCES STACKED BUT UNDER ONE CAUSE NO; WITH NO SEPERATE EVIDENCE SAME ELEMENTS AND SAME COUNTS AND CHARGES FAILUER TO MERGE TWIG SENTENCES TOGEATHER AS ONE UNDER CRIMINAL EPISODE. ¥ YY x °

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2019)

Attorneys

Brian Taylor
Brian Taylor — Petitioner
Brian Taylor — Petitioner