Elijah Dwayne Joubert v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Securities
Whether, under 28 U.S.C. § 2254(d)(1), a standard that places the burden on the petitioner to prove materiality from the State's knowing elicitation and failure to correct false testimony is "contrary to" clearly established federal law established by Napue v. Illinois, 360 U.S. 264 (1959) and its progeny, because it does not require the State to prove there was no reasonable probability the error affected the outcome of a petitioner's capital trial and sentencing.
Whether a standard that places the burden on the petitioner to prove materiality from the State's knowing elicitation and failure to correct false testimony is 'contrary to' clearly established federal law established by Napue v. Illinois