No. 20-7060

Charles Lee Mosier, Sr. v. Texas

Lower Court: Texas
Docketed: 2021-02-05
Status: Denied
Type: IFP
IFP
Tags: collateral-proceedings constitutional-review constitutional-standards due-process evidence ineffective-assistance-counsel ineffective-assistance-of-counsel post-conviction-relief strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Does a state's initial-review post-conviction collateral proceedings meet constitutional standards when those proceedings fail to provide a prisoner the opportunity to gather, present, and consideration of evidence in support of an ineffective assistance of counsel at trial claim?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED GROUND ONE: DOES A STATE'S INITIAL-REVIEW POST-CONVICTION COLLATERAL PROCEEDINGS MEET CONSTITUTIONAL STANDARDS WHEN THOSE PROCEEDINGS FAIL TO PROVIDE A PRISONER THE OPPORTUNITY TO GATHER, PRESENT, AND CONSIDERATION OF EVIDENCE IN SUPPORT OF AN INEFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL GDAIM, FOR WHICH THE INTITIAL-REVIEW COLLATERAL ; PROCEEDINGS IS THE FIRST MEANINGFUL OPPORTUNITY TO RAISE AN INEFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL CLAIM? GROUND TWO: WAS PETITIONER'S TRIAL COUNSEL AND CO-COUNSEL ; : INEFFECTIVE DURING EITHER THE GUILT/INNOCENCE PHASE OR SENTENCING PHASE OF THE TRIAL, PURSUANT TO STRICKLAND V. WASHINGTON, 466 U.S. 688 (1984); AND, IF NOT, DOES STRICKLAND NEED TO BE MODIFIED TO ADDRESS SITUATIONS WHEN TRIAL COUNSEL IS UNAVAILABLE AS A WITNESS? 4 } . ;

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2020-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Charles L. Mosier
Charles Lee Mosier Sr. — Petitioner