No. 24-6225

Dennis Mischler v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2025-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process evidentiary-hearing fifth-circuit habeas-corpus sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Whether the Fifth Circuit deprived Mischler of Due Process by failing to afford an evidentiary hearing on disputed facts when no hearing was provided in state or federal court

Question Presented (OCR Extract)

Mischler seeks certioari for the following issues: Whether the Fifth Circuit deprived Mischler of Due Process of Law by failing to afford an evidentiary hearing on disputed facts when Mischler never received an evidentiary hearing on his post conviction relief in Louisiana state court or an evidentiary hearing on his 2254 Habeas Corpus proceeding in Federal District Court?I. Whether Louisiana's Code of Evidence Article 412.2 deprives defendants of Due Process of Law?II. Whether the Fifth Circuit entered a decision in conflict with its own controlling precedent under U.S. v. Moreland?III. Whether Mischler's counsel was deficient under the Sixth Amendment by failing to call at least four witnesses and failing to produce evidence showing crucial exculpatory evidence?IV. Page 1 of 35

Docket Entries

2025-01-27
Petition DENIED.
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2025-01-03
Waiver of right of respondent Warden Hooper to respond filed.
2024-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2025)

Attorneys

Dennis Mischler
Dennis Mischler — Petitioner
Warden Hooper
Matthew Caplan — Respondent