No. 19-6346

Paul Malone v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-10-22
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment aedpa aedpa-deference attorney-perjury due-process guilty-plea ineffective-assistance-of-counsel mental-disorders perjury plea-voluntariness strickland-v-washington trial-attorney-perjury
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Does deference provided from AEDPA and Strickland v Washington apply when there is evidence of trial attorney perjury before the court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; 1. Does deference provided from AEDPA and Strickland v Washington, 466 US 668 (1984) apply when there is evidence of trial attorney perjury before the court? 2. Does refusal of trial attorney to investigate four.mental disorders | of petitioner before trial equate to ineffective assistance of counsel? 3. Does petitioner with four diagnosed mental disorders plea of guilty, constitue a guilty plea made, "knowingly, voluntarily and intelligently? 4. Does appellate attorney decision to present brief to court without consulting petitioner on the two issues presented amount to ineffective assistance of counsel? In addition, does the prsentation of issues that should have been made at trial by trial : attorney by the appellate attorney signal attorney bias and prejudice ; for the petitioner? ; 5. Does presumption of correctness allowed by the courts for state documents allow for attorney prejudice and does this right violate the due process of law for the petitioner guaranteed by the 14th : amendment? . .

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2019)

Attorneys

Paul Malone
Paul Malone — Petitioner
Paul Malone — Petitioner