No. 21-8205

Bobby Charles Byrd v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2022-06-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-flight constitutional-rights due-process false-evidence fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel-of-choice sixth-amendment
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

whether-mr-byrd-was-denied-effective-assistance-of-appellate-counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED PCRISSUES 1. Whether Mr. Byrd was denied his right to effective assistance of appellate counsel when counsel failed to litigate non-frivolous issues in his merits brief in violation of the Sixth and Fourteenth Amendments to the United States Constitution. 2. Whether Mr. Byrd was denied a fair trial when the prosecution knowing used false evidence to obtain his conviction in violation of the Due Process Clanse of the Fourteenth Amendment to the United States Constitution. 3. Whether Mr. Byrd was denied his right to effective assistance of counsel when counsel failed to pursue the viable defense that Chad Morris was the driver of the vehicle in the aggravated flight and not Mr. Byrd. PCR SUPPLEMENTAL ISSUE 1. Whether Mr. Byrd's right to be represented by counsel of choice was infringed upon in violation of the Sixth and Fourteenth Amendments to the United States Constitution and the Louisiana Constitution Asticle 1 § 13. DIRECT APPEAL ISSUE 1, Whether the State presented insufficient evidence to establish Mr. Byrd committed an aggravated flight from an officer in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. vii

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-07-25
Waiver of right of respondent Tim Hooper, Warden to respond filed.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2022)

Attorneys

Bobby Charles Byrd
Bobby Charles Byrd — Petitioner
Tim Hooper, Warden
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent