No. 18-8419
Fabian Hernandez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP
Tags: 28-usc-2254 criminal-procedure due-process federal-courts federal-habeas federal-review habeas-corpus judicial-review reasoned-decision standard-of-review state-court-decision state-courts statutory-interpretation unreasonableness-test
Key Terms:
FifthAmendment DueProcess HabeasCorpus Punishment CriminalProcedure JusticiabilityDoctri
FifthAmendment DueProcess HabeasCorpus Punishment CriminalProcedure JusticiabilityDoctri
Latest Conference:
2019-10-01
Question Presented (AI Summary)
Whether, in the face of a reasoned state court decision, a federal habeas court applies the unreasonableness test of 28 USC §2254(d)(1) to the specific reasons given by the state court or to other reasons that could have supported the ultimate conclusion of the state court?
Question Presented (from Petition)
QUESTION PRESENTED 1. Whether, in the face of a reasoned state court decision, a federal habeas court applies the unreasonableness test of 28 USC §2254(d)(1) to the specific reasons given by the state court or to other reasons that could have supported the ultimate conclusion of the state court? i
Docket Entries
2019-10-07
Petition DENIED.
2019-08-27
Reply of petitioner Fabian Hernandez filed. DISTRIBUTED
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-12
Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2019-05-08
Motion to extend the time to file a response is granted and the time is further extended to and including June 12, 2019.
2019-05-06
Motion to extend the time to file a response from May 13, 2019 to June 12, 2019, submitted to The Clerk.
2019-04-04
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019.
2019-04-02
Motion to extend the time to file a response from April 12, 2019 to May 13, 2019, submitted to The Clerk.
2019-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)
2019-01-28
Application (18A773) granted by Justice Alito extending the time to file until February 26, 2019.
2019-01-25
Application (18A773) to extend the time to file a petition for a writ of certiorari from January 27, 2019 to February 26, 2019, submitted to Justice Alito.
Attorneys
Fabian Hernandez
William Stanley Harris — Suite 1905, Petitioner
William Stanley Harris — Suite 1905, Petitioner
Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Jennifer Wren Morris — Texas Attorney General's Office, Respondent
Jennifer Wren Morris — Texas Attorney General's Office, Respondent