No. 24-7338

Justin Panus v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-05-30
Status: Denied
Type: IFP
IFP
Tags: aedpa-review certificate-of-appealability habeas-corpus procedural-default state-court-findings substantive-claims
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether Petitioner was entitled to a Certificate of Appealability on multiple procedural and substantive grounds related to state court findings and AEDPA review

Question Presented (OCR Extract)

1Whether Petitioner was entitled to a Certificate of Appealability on the grounds that the lower court failed to conduct an "Unreasonable Determination" analysis on Petitioner's claims. 2. Whether a petitioner must "reprise" in his CO A pleadings the substantive claims that he raised in his 2254 application at risk that those claims be abandoned; and if so, did Petitioner satisfy this requirement. 3. Whether Petitioner was entitled to a Certificate of Appealability on the question of whether the State 's findings were entitled to deference or a presumption of correctness when there is no state level mechanism that provides a meaningful opportunity to respond to counsel's affidavit. 4 . Whether Petitioner was entitled to a certificate of Appealability on the question of whether the AEDPA entitled the State Court 's findings to double deference when the State Court fails to engage with critical evidence in rendering its factual findings. — I a.

Docket Entries

2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 30, 2025)

Attorneys

Justin Panus
Justin Panus — Petitioner
Justin Panus — Petitioner