Question Presented (from Petition)
1. Did the Fifth Circuit err in refusing to certify the Napue claim, when it failed to reach punishment-phase harm and when it conflated the question of whether an expert testified falsely on a predicating fact issue with the question of whether a reasonable juror could vote for an insanity defense?
2. Did the Fifth Circuit err in refusing to certify the IATC claim, when the basis for doing so was that a finding against a claimant on § 2254(d)(1) relieves a district court of the obligation to reach § 2254(d)(2) —notwithstanding the fact that the exceptions to § 2254(d) are disjunctive?
Question Presented (AI Summary)
Did the Fifth Circuit err in refusing to certify the Napue claim and the ineffective assistance of trial counsel claim by misapplying procedural standards and conflating legal standards?
2025-12-04
DISTRIBUTED for Conference of 1/9/2026.
2025-12-04
Reply of John Allen Rubio submitted.
2025-12-04
Reply of petitioner John Allen Rubio filed. (Distributed)
2025-11-20
Brief of Dir., TX DCJ Guerrero in opposition submitted.
2025-11-20
Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institution Division in opposition filed.
2025-10-20
Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2025.
2025-10-16
Motion of Dir., TX DCJ Guerrero for an extension of time submitted.
2025-10-16
Motion to extend the time to file a response from October 23, 2025 to November 24, 2025, submitted to The Clerk.
2025-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2025)
2025-07-28
Application (25A101) granted by Justice Alito extending the time to file until September 18, 2025.
2025-07-22
Application (25A101) to extend the time to file a petition for a writ of certiorari from August 19, 2025 to September 18, 2025, submitted to Justice Alito.