No. 20-6615

Cornell McHenry v. Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2020-12-11
Status: Denied
Type: IFP
IFP
Tags: conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failure to call a witness who would have impeached the state's evidence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , Mn, MHenag alleged that Ais teal Gransel was InePeetive Lox failing to tall a witness of whem Me. MHe nay Was awore he was aocenk for possession of meth, Marg Etherly 1 NMehells hunt , The omtlel witness weuled have Festi Ciel that the auidence belersed to Mitchell. Adber she Lilet a non ~ prosecution AM Aavit, Mitchell the Co~ olefin dant had Sworn under Oath, The substance meth was her + personal meen " tales of the sabsfance belns fn hen PreSudee, the Fran eee a ets te Of the facts on diveot nppeel, ‘hive i‘ ws Ceaeks sien thal Sla rel ec} Vers:'en of the ( ™ ‘cantly mi sdatec even wet , Did the OH Cveuh em jn deferning to the Shale Coar} Finding Hal My. MCHenay was hot precudcee/ on harm by tral Counsels Conf[red of Lateres? and daclure fe Call a witness whe would heve impeacheal the slate we os curdlenee when the Fifth Creatt clecssion Wes Aerand miSreadsnc of the drial recorel ©

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2020-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2021)

Attorneys

Cornell McHenry
Cornell McHenry — Petitioner
Cornell McHenry — Petitioner