No. 19-5947

Michael Patrick Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-09-16
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process fair-trial harmless-error ineffective-assistance ineffective-assistance-of-counsel law-enforcement perception-of-guilt substantial-guilt trial-defense witness-tampering
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-11-15
Question Presented (AI Summary)

If defense counsel omits the necessary trial defense and thereby sustains a perception of substantial guilt so that the substantial guilt was dependent upon counsel's omission in order to survive, can that substantial guilt be used to dismiss ineffective assistance of counsel as harmless?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED FIRST QUESTION , If defense counsel omits the necessary trial defense and thereby sustains a perception of substantial guilt so that the substantial guilt was dependent upon counsel's omission in order to survive, can that substantial guilt be used to dismiss ineffective assistance of counsel as harmless? SECOND QUESTION . Whether, in a self defense case in which the State relies almost exclusively on the argument that the defendant provoked the victim's use of deadly force, the trial court errs in failing to define "provocation" for the jury. THIRD QUESTION Whether law enforcement's withholding of prescription pain medication ; during trial in order to force a mistrial or drive the defendant from the witness stand violates a defendant's rights to a fair trial or due process? , FOURTH QUESTION |. When an unreasonable deference to accused ineffective counsel's prima facie perjurious, sworn affidavit yields an unreasonable set of fact findings which . are directly causal to dismissal of the habeas corpus appeal has due process been violated? IV

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2019)

Attorneys

Michael Kennedy
Michael Patrick Kennedy — Petitioner
Michael Patrick Kennedy — Petitioner