No. 25-6707

Elijah Dwayne Joubert v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2026-02-03
Status: Pending
Type: IFP
IFP
Tags: capital-trial false-testimony federal-law habeas-corpus materiality-burden napue-standard
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: N/A
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2026-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2026)

Attorneys

Elijah Joubert
Donna F. ColtharpFed. Pub. Def. for Western Dis, Petitioner