No. 19-6482

Demetrius Dewayne Smith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-11-04
Status: Denied
Type: IFP
IFP
Tags: 2254-review 28-usc-2253 28-usc-2254 certificate-of-appealability death-penalty federal-habeas habeas-corpus subject-matter-jurisdiction
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2020-03-06
Question Presented (AI Summary)

When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C. § 2254, and the State desires to appeal, does 28 U.S.C. § 2253(c)(1)(A) require the State to obtain a certificate of appealability in order for the court of appeals to have subject-matter jurisdiction?

Question Presented (from Petition)

Questions Presented 1. When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C. § 2254, and the State desires to appeal, does 28 U.S.C. § 2253(c)(1)(A) require the State to obtain a certificate of appealability in order for the court of appeals to have subject-matter jurisdiction? 2. Where all available record-based evidence categorically demonstrates a venireperson is not disqualified from serving as a juror in a capital case under this Court’s line of cases commencing with Witherspoon v. Illinois, is a state court decision finding the venireperson to be solely on the basis of the trial court’s “impression” of the juror objectively unreasonable within the meaning of 28 U.S.C. 2254(d)? ii

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-17
Reply of petitioner Demetrius Smith filed.
2020-02-03
Brief of respondent Lorie Davis in opposition filed.
2019-12-27
Motion to extend the time to file a response is granted and the time is further extended to and including February 3, 2020.
2019-12-20
Motion to extend the time to file a response from January 3, 2020 to February 2, 2020, submitted to The Clerk.
2019-11-29
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2020.
2019-11-26
Motion to extend the time to file a response from December 4, 2019 to January 3, 2020, submitted to The Clerk.
2019-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2019)

Attorneys

Demetrius Smith
David R. Dow — Petitioner
David R. Dow — Petitioner
Lorie Davis
Travis Golden BraggOffice of the Attorney General of Texas, Respondent
Travis Golden BraggOffice of the Attorney General of Texas, Respondent