No. 18-9614

Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-06-12
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure
Key Terms:
DueProcess Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded evidence was not cumulative of evidence the jury was allowed to consider?

Question Presented (OCR Extract)

Question Presented Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded evidence was not cumulative of evidence the jury was allowed to consider? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-12
Reply of petitioner Rick Rhoades filed.
2019-08-01
Brief of respondent Lorie Davis in opposition filed.
2019-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2019.
2019-06-28
Motion to extend the time to file a response from July 12, 2019 to August 12, 2019, submitted to The Clerk.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2019)

Attorneys

Lorie Davis
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Rick Rhoades
David R. Dow — Petitioner