No. 19-5430

Christopher Devon Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-08-01
Status: Denied
Type: IFP
IFP
Tags: capital-case certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health mental-health-mitigation mitigation wiggins-v-smith
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether the Fifth Circuit applied an overly restrictive standard for granting a certificate of appealability (COA) where the district court found that the petitioner raised issues worthy of judicial review, and whether the petitioner established that the reasonableness of the state court's denial of his claim of ineffective assistance of counsel is debatable among reasonable jurists

Question Presented (OCR Extract)

QUESTION PRESENTED CAPITAL CASE Trial counsel was aware that Christopher Jackson had a childhood history of mental health diagnoses (including schizophrenia and bipolar disorder) and had Child Protective Services records showing that he “was on a record breaking number of psychiatric medications.” However, counsel failed to conduct a follow-up investigation or obtain a comprehensive mental health evaluation in contravention of this Court’s holding in Wiggins v. Smith, 539 U.S. 510 (2003), that effective counsel have a duty to follow up on known information that might reasonably lead to the discovery of mitigating evidence. Yet the Fifth Circuit refused to grant a COA to permit appellate review of the district court’s denial of habeas relief. The Question Presented is: Where the district court wrote that Petitioner “raises issues worthy of judicial review,” has the Fifth Circuit again applied an overly restrictive standard for granting COA and has Petitioner established that the reasonableness of the state court’s denial of his claim of ineffective assistance of counsel is, at least, debatable among reasonable jurists? i

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-15
Reply of petitioner Christopher Jackson filed.(10/17/2019)
2019-10-03
Brief of respondent Lorie Davis in opposition filed.
2019-08-26
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2019.
2019-08-22
Motion to extend the time to file a response from September 3, 2019 to October 3, 2019, submitted to The Clerk.
2019-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2019)
2019-06-12
Application (18A1190) granted by Justice Alito extending the time to file until July 10, 2019.
2019-06-07
Application (18A1190) to extend further the time from June 20, 2019 to July 10, 2019, submitted to Justice Alito.
2019-05-17
Application (18A1190) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to July 19, 2019, submitted to Justice Alito.
2019-05-17
Application (18A1190) granted by Justice Alito extending the time to file until June 20, 2019.

Attorneys

Christopher Jackson
Stuart Brian LevFederal Community Defender Office, Petitioner
Lorie Davis
Stephen Matthew HoffmanOffice of the Attorney General, Respondent