No. 19-8103

Ramiro Rubi Ibarra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-03-26
Status: Denied
Type: IFP
IFP
Tags: capital-sentencing double-edged-evidence federal-judicial-review fifth-circuit habeas-corpus ineffective-assistance ineffective-counsel judicial-review sixth-amendment texas-law
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Whether the Fifth Circuit failed to ensure meaningful federal judicial review of a substantial Sixth Amendment claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fifth Circuit failed to ensure meaningful federal judicial review of a substantial Sixth Amendment claim. 2. Whether the Fifth Circuit’s consistent practice of discounting the mitigating import of all so-called “double-edged” evidence fails to meaningfully protect criminal defendants’ Sixth Amendment right to effective counsel in capital sentencing proceedings. 3. Whether the Fifth Circuit’s requirement that habeas applicants prove that mitigating factors “outweigh” aggravating factors in order to prove prejudice on Sixth Amendment ineffectiveness claims disregards the Texas law that governs capital sentencing proceedings. ii

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-15
Reply of petitioner Ramiro Ibarra filed. (Distributed)
2020-05-01
Motion to delay distribution of the petition for a writ certiorari until May 20, 2020, granted.
2020-04-30
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 6, 2020 to May 20, 2020, submitted to The Clerk.
2020-04-22
Brief of respondent Lorie Davis in opposition filed.
2020-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2020)
2020-02-10
Application (19A776) granted by Justice Alito extending the time to file until March 20, 2020.
2020-02-06
Application (19A776) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Alito.
2020-01-10
Application (19A776) granted by Justice Alito extending the time to file until February 19, 2020.
2020-01-08
Application (19A776) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Alito.

Attorneys

Lorie Davis
Kyle Douglas HawkinsTexas Attorney General's Office, Respondent
Ramiro Ibarra
Russell D. Hunt Jr.Law Offices Of Russ Hunt Jr., Petitioner