No. 19-8324

James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-04-21
Status: Denied
Type: IFP
IFP
Tags: adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether the district court's denial of relief and determination resulted from the incorrect interpretation of 'Assistance' under the Sixth Amendment right to effective assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED SS (1) Whether ‘the district courts deriial of relief and determination, > of whether a breakdown in the adversarial process was created by the trial courts denial of defense counsels motion for ., continuance, resulted from the district courts’ incorrect “ a , interpretation of 'Assistance' as set forth in the right oe oo to effective Assistance of Counsel guaranteed by the Sixth a Amendment to the U.S. Constitution? oo (2) Whether the district courts denial of relief and determination, of whether defense counsel was either ~ or for failing to investigate the aoa defendants brain injury and craniotomy, resulted from the district courts incorrect interpretation of ‘Assistance' as set forth in the right to effective Assistance of Counsel guaranteed by the Sixth Amendment to the U.S. Constitution? (3) Whether the district courts' incorrect interpretation of ‘Assistance’ as set forth in the right to effective Assistance . of Counsel guaranteed by the Sixth Amendment to the U.S. . Constitution effectively sanctioned the state-courts' objectively unreasonable application of Federal law as set forth within U.S. V. Cronic, Strickland V. Washington, Wiggins V. Smith, and Brecht V. Abrahamson?

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 21, 2020)

Attorneys

James William Hornsby
James William Hornsby — Petitioner