No. 21-5420

Naim Rasool Muhammad v. Texas

Lower Court: Texas
Docketed: 2021-08-20
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals
Latest Conference: 2021-12-10
Question Presented (from Petition)

1. Whether a habeas court violates Strickland and decades of this Court's precedent by imposing a "preponderance of the evidence" standard for prejudice instead of the proper "reasonable probability" standard and by failing to evaluate the impact of trial counsel's deficient performance cumulatively.

2. Whether a habeas court violates the Due Process Clause's guarantee of a neutral decisionmaker by adopting the State's proposed findings of fact and conclusions of law wholesale and expressly relying on a non-presiding judge's extrajudicial "personal experience and knowledge of the case" as a basis for denying relief.

Question Presented (AI Summary)

Whether the Texas Court of Criminal Appeals erred in denying Naim Rasool Muhammad's claim of ineffective assistance of counsel under Strickland v. Washington

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-23
Reply of petitioner Naim Rasool Muhammad filed. (Distributed)
2021-11-09
Brief of respondent Texas in opposition filed.
2021-10-08
Motion to extend the time to file a response is granted in part and the time is further extended to and including November 9, 2021.
2021-10-07
Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
2021-08-25
Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2021.
2021-08-24
Motion to extend the time to file a response from September 20, 2021 to October 20, 2021, submitted to The Clerk.
2021-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2021)

Attorneys

Naim Rasool Muhammad
Benjamin Barrett WolffOffice of Capital and Forensic Writs, Petitioner
Texas
Jaclyn O'Connor LambertDallas County District Attorney's Office, Respondent