No. 18-8936

William Arthur McIntosh v. Texas

Lower Court: Texas
Docketed: 2019-04-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland criminal-procedure exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan newly-available-evidence schlup-v-delo state-court-review successive-writ supreme-court-precedent texas-code-of-criminal-procedure texas-court-of-criminal-appeals trevino-v-thaler
Key Terms:
HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Did the Texas Court of Criminal Appeals rule adversely by denying Petitioners successive writ of habeas corpus when he presented newly available evidence to the State court in accordance with Schlup v. Delo, 115 S.Ct. 851 (1995)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Texas Court of Criminal Appeals rule adversely by denying Petitioners successive writ of habeas corpus when he presented newly available evidence to the State court in accordance with Schlup v. Delo, 115 S.Ct. 851 (1995)? Texas made Schlup applicable to the State by codifying Schlup in Texas Code of Criminal Procedure section 11.07 section 4. ) 2. Did the Texas Court of Criminal Appeals violate the ruling made by the Supreme Court . in Brady v. Maryland, 373 U.S. 83 (1963) by not remanding and asking the District ” Court to decide whether or not the prosecution withheld exculpatory evidence? : er 3. Should Martinez v. Ryan, 132 S.Ct. 1309 (2012) and Trevino v. Thaler, 133 S.Ct. es 1911(2013) be applicable to the Texas State District Courts in order to stop the flood of 4 federal cases addressing Ineffective Assistance of Counsel cases in Texas? . \\ .

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondent Texas to respond filed.
2018-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

Texas
Andrea L. WesterfeldEllis County & District Attorney, Respondent
Andrea L. WesterfeldEllis County & District Attorney, Respondent
William McIntosh
William McIntosh — Petitioner
William McIntosh — Petitioner