No. 23-5306

Kenneth Ray Holbert, Sr. v. Texas

Lower Court: Texas
Docketed: 2023-08-09
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion constitutional-right direct-appeal ineffective-assistance legal-burden state-court state-court-procedure strickland-standard strickland-test summary-reversal two-pronged
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Where a Strickland claim is appropriately raised on direct appeal, may a state court add to the two-pronged Strickland test a burden of showing the trial court also abused its discretion?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Where a Strickland claim is appropriately raised on direct appeal, may a state court add to the two-pronged Strickland test a burden of showing the trial court also abused its discretion? If not, does doing so prompt summary reversal? (Please see Memorandum Opinion below, Exhibit B here, p. 6). -2

Docket Entries

2023-10-10
Petition DENIED.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2023)

Attorneys

Kenneth Holbert
John Charles Bennett — Petitioner
John Charles Bennett — Petitioner