No. 19-6951

Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
IFP
Tags: 28-U.S.C-2244(d)(1)(D) coerced-plea coercion collateral-review federal-courts guilty-plea habeas habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, did not meet the requirements of 28-U.S.C-2244(d)(1)(D)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , Whether the lower federal courts erred in determining that newly . available evidence, in the form of affidavit ofico-defendant's attorney, John Nathan Strak, did not meet the requirements of 28 U.S.C. §2244(d)(1)(D), and, therefore, Ramirez's habéas “claim: that the guilty plea entered as to Count Two, paragraph B. of the indictment, was the result of coercion on the part of trial coun-2 : . sel, was time-barred. Whether affidavit discovered in=the-:course of initial collateral review containing new:information regarding Ramirez's ‘claim that the guilty plea entered as to Count Two, paragraph B. of the indictment, was the result of coercion, coastitutes newly discovered . evidence under the guidelines of 28 U.S.C. §2244(d)(1)(€D).

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Ruben Ramirez
Ruben Ramirez — Petitioner