Whether the Fifth Circuit's denial of relief violated due process by determining the law of the case doctrine was controlling despite the parties' application of a recent Supreme Court decision

QUESTION PRESENTED FOR REVIEW Petitioner, DWAUNJABBAR GUIDRY, submits the Fifth Circuit Court of Appeals’ (“Fifth Circuit”) denial of relief was a violation of due process because the Fifth Circuit determined the law of the case doctrine was controlling. The parties were ordered to apply Davis, a recent decision issued by this Court, which they did in their briefing. However, in its opinion the Fifth Circuit held Davis was not controlling and a pre-Davis decision, Johnson, was the law of the case. As discussed below, this violated the Due Process Clause. Thus, the Fifth Circuit has decided an important federal question in a way that conflicts with relevant decisions of this Court and thus a compelling reason is presented for discretionary review. Mr. Guidry therefore requests that this Court grant this petition and allow this case to proceed further.