No. 19-5212

Larey Douglas Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-07-17
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 28-usc-2254 actual-innocence aedpa aedpa-limitations constitutional-amendments due-process due-process-clause habeas-corpus ineffective-assistance presumption-of-correctness state-court-proceedings state-habeas
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the AEDPA's 28§2254(e) legislation do away with Supreme Court precedent regarding the 14th Amendment Due Process Clause's entitlement to a full and fair hearing to state prisoners in state-court proceedings, such as state habeas court factfinding hearings, and thus preclude a state prisoner's former ability to overcome the presumption of correctness accorded such (paper) hearings, even if they are not full and fair?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , QESTION 1 Did the AEDPA's 28§2254(e) legislation do away with Supreme Court : precedent regarding the 14th Amendment Due Process Clause's entitlement to a full and fair hearingtostate prisoners in statecourt proceedings, such as state habeas court factfinding hearings, and thus preclude a state prisoner's former ability to overcome the presumption of correctness accorded such (paper) hearings, even if they are not full and fair? QUESTION 2 : Does overcoming a state prisoner's state requirement failure through a miscarriage of justice attack necessarily require the demonstration of new factual evidence to show : actual innocence, where the jury failed to recognize the insufficiency of the facts for. conviction testified to at trial--which facts were not diligently found and presented to either the state appellate court by appellant's ineffectual appellate attorney nor to the state habeas court by the indigent petitioner's inept lay attorney (inmate writ writer) in violation of the Constitution's , ; 6th (ineffective assistance of appellate counsel) and 14th (due : process) Amendments? , ii

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2019)
2019-04-10
Application (18A1042) granted by Justice Alito extending the time to file until July 11, 2019.
2019-03-26
Application (18A1042) to extend the time to file a petition for a writ of certiorari from May 14, 2019 to July 13, 2019, submitted to Justice Alito.

Attorneys

Larey D. Brown
Larey Douglas Brown — Petitioner
Larey Douglas Brown — Petitioner