No. 19-5653

Edward Lee Busby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-08-21
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 adjudication-on-the-merits atkins-claim due-process due-process-clause eighth-amendment federal-constitutional-claim federal-law habeas-corpus intellectual-disability standard-of-review state-court state-court-review
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2020-01-10
Question Presented (AI Summary)

When a state habeas court denies a petitioner relief on a federal constitutional claim by imposing a higher burden than is required by federal law, should a federal court conduct de novo review on the grounds that the state court's decision is not an 'adjudicat[ion] on the merits' within the meaning of 28 U.S.C. § 2254(d)?

Question Presented (from Petition)

Questions Presented 1. When a state habeas court denies a petitioner relief on a federal constitutional claim his claim by imposing a higher burden than is required by federal law, should a federal court conduct de novo review on the grounds that the state court’s decision is not an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d)? 2. When a state habeas court denies a petitioner relief on a federal constitutional claim his claim by imposing a higher burden than is required by federal law, is the state court's decision an “unreasonable application of[] clearly established Federal law” within the meaning of 28 U.S.C. § 2254(d)(1)? 3. When a death row inmate raises a successive claim in state court that he is ineligible for execution pursuant to this Court’s decision in Atkins v. Virginia, 536 U.S. 304 (2002), and its progeny, is a state court’s decision denying relief on the basis the inmate has not presented “clear and convincing evidence” of intellectual disability a violation of either the Eighth Amendment or the Fourteenth Amendment’s Due Process Clause? 4. When state requires that death-sentenced inmates who seek relief on Atkins claims in successive petitions demonstrate intellectual disability by “clear and convincing evidence,” is there “an absence of available State corrective process” within the meaning of 28 U.S.C. 2254(b)(1)(B)(1)? ii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-03
Reply of petitioner Edward Busby filed.
2019-11-14
Brief of respondent Lorie Davis in opposition filed.
2019-10-16
Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2019.
2019-10-11
Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
2019-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.
2019-09-11
Motion to extend the time to file a response from September 20, 2019 to October 21, 2019, submitted to The Clerk.
2019-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2019)

Attorneys

Edward Busby
David R. DowUniversity of Houston Law Center, Petitioner
David R. DowUniversity of Houston Law Center, Petitioner
Lorie Davis
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent