No. 23-7448

Gabriel Paul Hall v. Texas

Lower Court: Texas
Docketed: 2024-05-10
Status: Denied
Type: IFP
IFP
Tags: capital-murder due-process fair-trial false-testimony fourteenth-amendment habeas-corpus ineffective-assistance right-to-counsel
Key Terms:
DueProcess Punishment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

When a state habeas applicant makes a prima facie case that the state knowingly presented false and material testimony in the punishment phase of his capital murder trial, does the state habeas court violate the applicant's Fourteenth Amendment right to have a full and fair opportunity to have his claim heard in the state courts by denying him the process necessary to develop the evidence which could prove his allegation true?

Question Presented (OCR Extract)

Questions Presented 1. When a state habeas applicant makes a prima facie case that the state knowingly presented false and material testimony in the punishment phase of his capital murder trial, does the state habeas court violate the applicant’s Fourteenth Amendment right to have a full and fair opportunity to have his claim heard in the state courts by denying him the process necessary to develop the evidence which could prove his allegation true? 2. When a state has both a rule that an attorney must be given an opportunity to explain his conduct before being found to have rendered ineffective assistance at trial and a statute which makes the attorney ineligible for future capital appointments if he is found to be ineffective, does the Fourteenth Amendment’s right to due process or the Sixth Amendment right to the effective assistance of counsel require that the habeas court consider evidence that would tend to show the attorney’s pecuniary interests are in conflict with his client’s interests? ii

Docket Entries

2024-10-07
Petition DENIED.
2024-06-29
Reply of Gabriel Hall submitted.
2024-06-29
Reply of petitioner Gabriel Paul Hall filed. (Distributed)
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-10
Brief of respondent Texas in opposition filed.
2024-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2024)

Attorneys

Gabriel Hall
David R. Dow — Petitioner
David R. Dow — Petitioner
Texas
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent