No. 19-5007

Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-07-01
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-12-13 (distributed 2 times)
Question Presented (AI Summary)

Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in deciding that conclusory evidence, at best a modicum of evidence, is sufficient to prove the sexual offenses beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ‘ Question #1: The Northern District Court reasoned that because K.S. told « other people (speculating what K.S. told other witnesses), "there was abuse," an appellate court must respect the jury's credibility . : decisions. Thus, the Northern District Court held that as long as the jury determined the evidence is sufficient to convince them that the offenses occurred, regardless of Petitioner's age, the evidence is:legally sufficient under Jackson because this standard is not held to the same standard as applied to in other crimes or cases. By law, the prosecution must prove beyond a reasonable doubt that sexual offenses occurred after Petitioner turned 17 — years old. 98% of all testimony described at trial occurred when Petitoiner was a juvenile, and at best, there is only conclusory evidence (that is, a modicum of evidence), to support Petitioner's convictions. Therefore, Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia.[443 U.S. 307, 99 S.Ct. 2781 (1979), as the Northern District Court misapplied the standard in deciding that conclusory evidence, at best a ; modicum of evidence, is sufficient to prove the sexual offenses beyond a reasonable doubt? , ; Question #2: : Petitioner argues he is actually innocent in light of the ab: sence of any physical evidence of "anal or genital trauma," K.S.'s inconsistent statements to the various individuals involved, and » K.S.'s mother's animus toward Petitoiner and his father. See oo>

Docket Entries

2019-12-16
Rehearing DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-10-30
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Jonathan Paul Sikes
Jonathan Paul Sikes — Petitioner
Jonathan Paul Sikes — Petitioner