No. 19-6213

Marcus Bartholomew Booker v. Texas

Lower Court: Texas
Docketed: 2019-10-08
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: constitutional-rights direct-appeal due-process effective-assistance-of-counsel indigent-defendant ineffective-assistance ineffective-assistance-of-counsel post-conviction-habeas post-conviction-habeas-corpus right-to-access state-court-proceedings trial-ineffectiveness trial-records
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (AI Summary)

Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas corpus proceeding when the State chooses to move trial-ineffectiveness claims outside of the direct appeal process?

Question Presented (OCR Extract)

QUESTION PRESENTED As this Gourt has suggested, Texas's system for addressing ; claims of ineffective assistance of trial counsel has serious flaws. By deliberately choosing to move claims outside of the direct appeal process, the State consequentially curtails defendants' ability to file su¢h: claims. Where, as here, the inittal-revtew habeas corpus proceeding is the first designated proceeding for a defendant to raise a claim of inef: fective assistance of counsel at trial, the collateral proceeding . is in many ways the equivalent of a defendant's direct appeal as to the claim. A defendant who is indigent cannot access the Clerk's and Reporter's Records in order to substantiate his ineffectiveness claims: Texas's scheme fails to ensure that the bedrock principle of effective assistance of trial . counsel is fulfilled for all criminal defendants. Petitioner requested access to the Clerk's and Reporter's . Records to review and provide proof of ineffective assistance of ; : trial counsel for his post-conviction habeas corpus proceeding. The Court of Criminal Appeals of Texas denied Petitioner's request. , This case therefore presents the following question: Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas : corpus proceeding when the State chooses to move claims outside of the direct appeal process? BOOKER V. TEXAS i

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-03
Reply of petitioner Marcus B. Booker filed.
2020-01-28
Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2020.
2020-01-27
Brief of respondent State of Texas in opposition filed.
2020-01-24
Motion to extend the time to file a response from January 27, 2020 to February 26, 2020, submitted to The Clerk.
2020-01-07
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2020.
2019-12-23
Motion to extend the time to file a response from December 27, 2019 to January 26, 2020, submitted to The Clerk.
2019-11-27
Response Requested. (Due December 27, 2019)
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2019)

Attorneys

Marcus B. Booker
Marcus Bartholomew Booker — Petitioner
State of Texas
Rebecca Dawn OttDallas County District Attorney's Office, Respondent
The State of Texas
Brian Paul HigginbothamDallas County District Attorney's Office, Respondent