No. 19-6987

Darrell Wayne Bell 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: 5th-circuit actual-innocence certificate-of-appealability circuit-court-conflict habeas habeas-corpus judicial-precedent merits-analysis newly-discovered-evidence shulp-v-delo
Key Terms:
DueProcess
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Did the 5th Circuit Court of Appeals exceed the limited scope of the Certificate of Appealability (COA) standard using a merits analysis to deny Petitioner's C.O.A.?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED \; QUESTION ONE: Did the 5th Circuit Court of Appeals exceed the limited scope of the . Certificate of Appealability (COA) standard using a merits analysis tc denying Petitioner's C.O.A.? QUESTION TWO: Is this Court's precedent in Shulp v. Delo diminished by the conflict of the Circuit Court's in determining what constitute's "Newly Discovered Evidence", : to werrant habeas relief in actual innocence cases under Shulp? ' — w . 2 = os 4 4004 ; fd *

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)
2019-09-18
Application (19A316) granted by Justice Alito extending the time to file until November 23, 2019.
2019-09-09
Application (19A316) to extend the time to file a petition for a writ of certiorari from September 24, 2019 to November 23, 2019, submitted to Justice Alito.

Attorneys

Darrell W. Bell
Darrell Wayne Bell — Petitioner
Darrell Wayne Bell — Petitioner