No. 18-9350

Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-05-20
Status: Denied
Type: IFP
IFP
Tags: assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Can a fist be considered a deadly weapon in and of itself?

Question Presented (from Petition)

QUESTION(S) PRESENTED I. Can a fist a fist be considered a deadly weapon in and of itself? II. Is it considered proper procedure for the Court to add dialogue not supported by the record or petitioner's claim? III. Does the standard of review for ineffective assistance of counsel, provide guidelines for what's considered an effective strategy of performance? _ IV. Are the elements submitted with a petition by the petitioner considered active elements even though they were not engaged? V. Must a jury charge by the Court reflect the indicted charge supported by the evidence?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 19, 2019)

Attorneys

Russell Rafael Whitehead
Russell Rafael Whitehead — Petitioner
Russell Rafael Whitehead — Petitioner