No. 21-6001

Terence Tramaine Andrus v. Texas

Lower Court: Texas
Docketed: 2021-10-19
Status: Denied
Type: IFP
Amici (8)Relisted (17)IFP
Tags: capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis
Key Terms:
Punishment JusticiabilityDoctri
Latest Conference: 2022-06-09 (distributed 17 times)
Question Presented (AI Summary)

Whether the Texas court rejected this Court's conclusions in Andrus v. Texas and disregarded the Court's express guidance for conducting a prejudice analysis under Strickland v. Washington

Question Presented (OCR Extract)

QUESTIONS PRESENTED Capital Case This case returns to this Court after the remand ordered in Andrus v. Texas, 140 S.Ct. 1875 (2020) (per curiam). In Andrus, this Court determined that the “untapped body of mitigating evidence” amassed during the state habeas proceeding was “simply vast” and that counsel’s failure to investigate and present this evidence at the sentencing stage of his death penalty trial, as well as other failures, established trial counsel’s deficient performance. The Court remanded to the Texas Court of Criminal Appeals (CCA) to consider whether Andrus had been prejudiced by this deficient performance. Explicitly disagreeing with this Court about critical evidence, the CCA, in a closely divided 5-4 decision, concluded that Andrus was not prejudiced. The Questions Presented are: L. On remand, did the Texas court reject this Court’s conclusions in Andrus v. Texas, 140 S.Ct. 1875 (2020), which were amply supported by the habeas and trial records, and did the Texas court disregard this Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v. Washington, 466 U.S. 688 (1984)? I. Does the Texas court’s failure to adhere to this Court’s decision conflict with our constitutional system of vertical stare decisis and create widespread confusion regarding the proper legal standard that courts must use in assessing whether the Sixth Amendment right to effective assistance of counsel is violated in death-penalty cases? i

Docket Entries

2022-06-13
Petition DENIED. Justice Sotomayor, with whom Justice Breyer and Justice Kagan join, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-6001_3d9g.pdf'>Opinion</a>)
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-05-31
DISTRIBUTED for Conference of 6/2/2022.
2022-05-23
DISTRIBUTED for Conference of 5/26/2022.
2022-05-16
DISTRIBUTED for Conference of 5/19/2022.
2022-05-09
DISTRIBUTED for Conference of 5/12/2022.
2022-04-25
DISTRIBUTED for Conference of 4/29/2022.
2022-04-18
DISTRIBUTED for Conference of 4/22/2022.
2022-04-11
DISTRIBUTED for Conference of 4/14/2022.
2022-03-28
DISTRIBUTED for Conference of 4/1/2022.
2022-03-21
DISTRIBUTED for Conference of 3/25/2022.
2022-03-16
Rescheduled.
2022-03-14
DISTRIBUTED for Conference of 3/18/2022.
2022-03-01
Rescheduled.
2022-02-28
DISTRIBUTED for Conference of 3/4/2022.
2022-02-22
Rescheduled.
2022-02-22
DISTRIBUTED for Conference of 2/25/2022.
2022-02-11
DISTRIBUTED for Conference of 2/18/2022.
2022-02-11
Rescheduled.
2022-01-18
Rescheduled.
2022-01-18
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Rescheduled.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-21
Record received from the Texas Court of Criminal Appeals. The record is electronic and contains sealed materials.
2021-12-14
Record Requested.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Reply of petitioner Terence Andrus filed. (Distributed)
2021-11-18
Brief amicus curiae of American Bar Association filed.
2021-11-18
Brief amicus curiae of Roderick & Solange MacArthur Justice Center filed.
2021-11-18
Brief amici curiae of Rebecca A. Betts, et al. filed.
2021-11-18
Brief amici curiae of Advocates for Child Victims of Domestic Violence filed.
2021-11-17
Brief of respondent Texas in opposition filed.
2021-11-17
Brief amicus curiae of Texas Catholic Conference of Bishops filed.
2021-11-17
Brief amici curiae of National Alliance on Mental Illness, et al. filed.
2021-11-17
Brief amici curiae of Eight Million Stories, et al. filed.
2021-11-16
Brief amici curiae of Children's Defense Fund, et al. filed.
2021-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2021)

Attorneys

Advocates for Child Victims of Domestic Violence
Caitlin Joan HalliganSelendy & Gay PLLC, Amicus
American Bar Association
Reginald M. Turner Jr.American Bar Association, Amicus
Children's Defense Fund, et al.
Mae Catherine QuinnUDC David A. Clarke School of Law, Amicus
Eight Million Stories and Lone Star Justice Alliance
Nicole Susanne LeFaveLittler Mendelson. P.C., Amicus
National Alliance on Mental Illness and National Association of Social Workers
Peter D. KeislerSidley Austin LLP, Amicus
Rebecca A. Betts, James S. Brady, Michael Dettmer, Terry Pechota, Richard J. Pocker, Colonel Robert F. Resnick (Ret.), and Benito Romano
LaRue Lawrence RobinsonWillkie Farr & Gallagher LLP, Amicus
Roderick & Solange MacArthur Justice Center
Amir H. AliRoderick & Solange MacArthur Justice Center, Amicus
Terence Andrus
Gretchen S. SweenSween Law, Petitioner
Texas
Charann Ellesse ThompsonFort Bend County District Attorney's Office, Respondent
Texas Catholic Conference of Bishops
Marisa Christina MaleckKing & Spalding LLP, Amicus