No. 18-8970

John William King v. Texas

Lower Court: Texas
Docketed: 2019-04-23
Status: Denied
Type: IFP
IFP
Tags: capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule
Latest Conference: N/A
Question Presented (from Petition)

1. Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and is a timely and express statement of his wishes to present an innocence defense sufficient to invoke McCoy?

2. Assuming, arguendo, that McCoy announces a "new rule" within the meaning of Teague, and also assuming, arguendo, that the TCCA's application of Teague is an adequate and independent state bar to preclude federal review of the merits of a claim, does the "new rule" this Court announced in McCoy constitute a "watershed rule of criminal procedure," such that it satisfies the second exception to Teague, which generally bars retroactive applications of new rules of criminal procedure to cases on collateral review?

Question Presented (AI Summary)

Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and is a timely and express statement of his wishes to present an innocence defense sufficient to invoke McCoy?

Docket Entries

2019-04-24
Brief of respondent Texas in opposition filed.
2019-04-24
Application (18A1091) referred to the Court.
2019-04-24
Reply of petitioner John William King filed.
2019-04-24
Application (18A1091) denied by the Court.
2019-04-24
Petition DENIED.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)
2019-04-23
Application (18A1091) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

John William King
Allen Richard Ellis — Petitioner
State of Texas
Katherine Diane HayesAttorney General of Texas, Respondent