No. 19-6298

John Steven Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-10-17
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 certificate-of-appealability federal-court-review federal-habeas-proceedings fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard state-court-deference state-habeas strickland-v-washington wilson-v-sellers
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether in denying a COA, the Fifth Circuit's methodology in the Gardner opinion is in conflict with Wilson v. Sellers and Miller-El

Question Presented (OCR Extract)

QUESTION PRESENTED In Wilson v. Sellers, this Court instructed that a federal court should train its attention on the particular legal and factual reasons of the state-court, merits-decision and determine if the reasons "involved" an unreasonable application of Supreme Court law or "were based on" an unreasonable determination of fact. In contrast, because "the district court found that the state habeas court's findings on the claim[s] were not unreasonable," the Fifth Circuit in the Gardner opinion, "simply reviewed the reasons" and agreed with the federal district court. The Fifth Circuit made a meritsbased Strickland determination adverse to Mr. Gardner, and denied COA. Mr. Gardner asks this Court to grant certiorari to answer the question: I. Whether in denying a COA, the Fifth Circuit's methodology in the Gardner opinion is in conflict with Wilson v. Sellers and Miller-El. ii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-18
Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2019)

Attorneys

John Steven Gardner
Lydia M.V. BrandtThe Brandt Law Firm, P.C., Petitioner
Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Matthew Dennis OttowayAssistant Attorney General, Respondent