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
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

2026-04-09
Brief of Eric Guerrero in opposition submitted.
2026-04-06
Brief of Eric Guerrero in opposition submitted.
2026-03-02
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2026.
2026-02-27
Motion of Eric Guerrero for an extension of time submitted.
2026-02-27
Motion to extend the time to file a response from March 5, 2026 to April 6, 2026, submitted to The Clerk.
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
Eric Guerrero
Craig William CosperTexas Attorney General's Office, Respondent