No. 19-5985

Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-09-18
Status: Denied
Type: IFP
IFP
Tags: appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase
Key Terms:
HabeasCorpus
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Whether a criminal defendant's right to testify was violated when his trial counsel prevented him from testifying to his version of events during the sentencing phase

Question Presented (OCR Extract)

QUESTION PRESENTED During Petitioner's sentencing hearing, Petitioner took the stand, maintaining his innocence, and expressed his desire to tell the jury his side of the story in this closed case where the complainant and the Petitioner shot each other with the same gun. The jury witnessed Petitioner's trial counsel thwart his efforts and heard counsel argue during closing arguments that the fact that Solis (the complainant) was shot, "can't possibly ever be justified," implying that Petitioner was guilty. Petitioner was sentenced: to 40 years in a Texas prison. . Petitioner's case raises an issue of national importance because it involves the deprivation of an individual's fundamental and constitutional rights: whether and to what extent will the criminal justice system tolerate a defense attorney who overrides a defendant's right to testify, even if by only preventing him from testifying to a part of his defense. Specifically, did the United States Court of Appeals for the Fifth Circuit err when it denied Carballo a COA on his claim that his ‘trial counsel was constitutionally ineffective in denying him his fundamental right.to testify to his version of events to which he stood trial when Petitioner took the stand during the sentencing phase? Did the Fifth Circuit err in failing to address Carballo's appeal on the district court's denial of his motion to stay and motion for an evidentiary hearing regarding this claim?

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 18, 2019)

Attorneys

Leeroy Cesar Carballo
Leeroy Cesar Carballo — Petitioner
Leeroy Cesar Carballo — Petitioner