No. 19-932

In Re Julius Jerome Murphy

Lower Court: N/A
Docketed: 2020-01-24
Status: Denied
Type: Paid
Tags: 2244(b) 28-U.S.C.-§-2244(b) circuit-court-jurisdiction habeas-corpus jurisdiction prima-facie-showing statutory-interpretation successive-petition successive-petitions
Key Terms:
HabeasCorpus Punishment Securities
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Does a circuit court exceed its jurisdiction by requiring a petitioner to satisfy the burden of actually establishing that his application to file a successive habeas petition satisfies the requirements of Section 2244(b) at the motion for authorization stage, rather than merely make the 'prima facie showing' set forth in the text of the statute?

Question Presented (OCR Extract)

QUESTION PRESENTED I. 28 U.S.C. § 2244(b)(8) tasks federal courts of appeals with determining whether an applicant has made a “prima facie showing” that his application satisfies the requirements of Section 2244(b) before the court may authorize the applicant to file a second or successive habeas petition. The question presented is: Does a circuit court exceed its jurisdiction by requiring a petitioner to satisfy the burden of actually establishing that his application to file a successive habeas petition satisfies the requirements of Section 2244(b) at the motion for authorization stage, rather than merely make the “prima facie showing” set forth in the text of the statute? (i)

Docket Entries

2020-03-23
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Reply of petitioner Julius Jerome Murphy filed.
2020-02-10
Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2020-01-17
Petition for writ of habeas corpus filed.

Attorneys

Julius Jerome Murphy
Edward Desmond HoganHogan Lovells US LLP, Petitioner
Edward Desmond HoganHogan Lovells US LLP, Petitioner
Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent