No. 23-7379

Michael Hebert v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2024-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Whether the lower court erred in denying COA on the claim of prosecutorial misconduct

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION 1(A): Whether The Lower Court Erred Denying COA On The Claim Of Prosecutorial Misconduct Where The State Refused To Reveal Evidence And Facts In Their Possession Which Are Material And Favorable To The Defense, In Violation Of The Fifth, Sixth And Fourteenth Amendment To The Constitution. QUESTION 1(B). Whether The Lower Court Erred Denying COA On The Claim Of Prosecutorial Misconduct In Contaminating Evidence, In Violation Of The Fifth, Sixth And Fourteenth Amendment To The Constitution. QUESTION 1(C), Whether The Lower Court Erred Denying COA On The Claim Of _ Contamination Of Evidence, In Violation Of The Fifth, Sixth And Fourteenth Amendment To The Constitution. QUESTION 2: Whether The Lower Court Erred Denying COA On The Claim Of Ineffective Assistance Of Counsel At Trial As Guaranteed By The Sixth And Fourteenth Amendments Of The U.S. Constitution, In Violation Of The Fifth, Sixth And Fourteenth Amendment To The Constitution. QUESTION 2(A): Whether The Lower Court Erred Denying COA On The Claim Of Ineffective Counsel For Failing To Motion The Court To Order Further DNA Analysis, In Violation Of The Fifth, Sixth And Fourteenth Amendment To The Constitution, QUESTION 2(B): Whether The Lower Court Erred Denying COA On The Claim Of Ineffective Counsel For Failure To Investigate, In Violation Of The F ifth, Sixth And Fourteenth Amendment To The Constitution. QUESTION 2(C): Whether The Lower Court Erred Denying COA On The Claim Of Ineffective Counsel For Failing To present a “stand Your Ground Defense,” In Violation Of The Fifth, Sixth And Fourteenth Amendment To The Constitution. Petitioner respectfully suggests these questions are worthy of this Honorable Court’s review. il Bs 13 . ; ,

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-23
Waiver of right of respondent Tim Hooper to respond filed.
2024-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)

Attorneys

Michael Hebert
Michael Hebert — Petitioner
Michael Hebert — Petitioner
Tim Hooper
Allison Miller RutzenOffice of the District Attorney, Respondent
Allison Miller RutzenOffice of the District Attorney, Respondent