No. 18-9227

Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-05-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment proceeding, and is the petitioner or prosecution at fault for failing to correct the expert's false testimony?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW (CAPITAL CASE) QUESTION ONE: Does cross-examination of a prosecution’s expert cure all harm from that expert’s repeated false testimony during a capital punishment proceeding, and is the petitioner or prosecution at fault for failing to correct the expert’s false testimony? QUESTION TWO: Did the Circuit Court Err by failing to consider whether Bailiff Moorehead’s actions created an unacceptable risk of impermissible factors coming into play at Sparks’ trial, and does Brecht’s “substantial and injurious effect or influence” standard of harm apply to impartial jury claims? i

Docket Entries

2019-09-25
Application (19A109) referred to the Court.
2019-09-25
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-9227_g3bh.pdf'>Opinion</a>)
2019-09-25
Application (19A109) denied by the Court.
2019-09-18
Response to application from respondent Lorie Davis filed.
2019-07-17
Application (19A109) for a stay of execution of sentence of death, submitted to Justice Alito.
2019-07-10
Brief of respondent Lorie Davis in opposition filed.
2019-06-05
Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2019.
2019-06-03
Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
2019-03-04
Application (18A897) granted by Justice Alito extending the time to file until May 7, 2019.
2019-02-28
Application (18A897) to extend the time to file a petition for a writ of certiorari from April 7, 2019 to May 7, 2019, submitted to Justice Alito.

Attorneys

Lorie Davis
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Robert Sparks
Seth KretzerLaw Office of Seth Kretzer, Petitioner
Seth KretzerLaw Office of Seth Kretzer, Petitioner