| 19-8850 |
Billy Joe Wardlow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-07-07 |
Denied |
circuit-split federal-habeas habeas-corpus merits-determination procedural-bar rule-60(b) successive-petition |
Whether a Rule 60(b) motion arguing that a procedural defect affected the district court's determination of the merits of the claims in a federal habe… |
| 19-8354 |
Nelson Romero v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-24 |
Denied |
appellate-review civil-rights constitutional-rights district-court due-process fundamental-liberty liberty-interest procedural-flaws procedural-violation summary-judgment |
Whether the district court erred in dismissing petitioner's case with prejudice and failing to certify any issue for appellate review, depriving petit… |
| 19-8324 |
James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-21 |
Denied |
adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington |
Whether the district court's denial of relief and determination resulted from the incorrect interpretation of 'Assistance' under the Sixth Amendment r… |
| 19-8306 |
Marcel Nwagu v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-19 |
Denied |
certificate-of-appealability civil-procedure collateral-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default rule-60-motion standard-of-review |
whether-petitioner-is-entitled-to-rule-60-b-6-relief |
| 19-8280 |
Jesus Jaime Jimenez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-16 |
Denied |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-circuit habeas-corpus jurisdiction lack-of-jurisdiction statutory-window |
Did the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of 'Lack of Jurisdiction', under a §2254 Writ of Habeas Corpus,… |
| 19-1211 |
James Christopher North v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-13 |
Denied |
aedpa circuit-split diligence equitable-tolling federal-habeas federal-limitations-period habeas-corpus state-court-proceedings state-habeas statute-of-limitations |
Does a state court's act lulling a petitioner into believing he has tolled limitations—and resulting in running out his federal limitations period—war… |
| 19-8128 |
Bobby Joe Buckner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-27 |
Denied |
civil-rights due-process evidentiary-hearing fifth-circuit implied-bias standard-of-review |
Did the Fifth Circuit err in its application of the implied bias doctrine by stating that this case is outside the 'extreme genre of cases' to warrant… |
| 19-8103 |
Ramiro Rubi Ibarra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-26 |
Denied |
capital-sentencing double-edged-evidence federal-judicial-review fifth-circuit habeas-corpus ineffective-assistance ineffective-counsel judicial-review sixth-amendment texas-law |
Whether the Fifth Circuit failed to ensure meaningful federal judicial review of a substantial Sixth Amendment claim |
| 19M123 |
Michael Logan Lowery v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-13 |
Presumed Complete |
None |
|
| 19A1008 |
James Earvin Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-12 |
Presumed Complete |
None |
|
| 19M118 |
Julius Jerome Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-10 |
Presumed Complete |
None |
|
| 19-7831 |
Jose Antonio Cortez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-04 |
Denied |
actual-innocence civil-rights constitutional-law constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction standing statute-of-limitations |
Whether the abstention doctrine supports the district court's dismissal of the case while the case was under state court review |
| 19-7874 |
Jackie Dewayne Andrews v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-04 |
Denied |
civil-procedure constitutional-provisions district-court-jurisdiction due-process federal-court federal-jurisdiction federal-proceedings habeas-corpus habeas-proceedings integrity-of-proceedings judicial-review jurisdiction procedural-defect rule-60(b) rule-60b |
Does the district court have jurisdiction to consider a Rule 60(b) motion in habeas proceedings so long as the motion attacks, not the substance of th… |
| 19-7850 |
Bobby Drew Autry v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-03 |
Denied |
aedpa constitutional-error due-process false-imprisonment final-judgment habeas-corpus plea-bargain statute-of-limitations subject-matter-jurisdiction suspension-clause |
Does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 one year statute of limitations violate the suspension clause of the U.S. Const… |
| 19A949 |
Scott Leslie Carmell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-26 |
Presumed Complete |
None |
|
| 19-7712 |
Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-20 |
Denied |
appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel |
Where Petitioner's counsel did not pursue his wishes to file an appeal, was he denied effective assistance of counsel? |
| 19-7645 |
Ramiro F. Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-19 |
Denied |
appellate-review circuit-split civil-procedure decisional-law due-process extraordinary-circumstances federal-courts federal-rules gonzalez-v-crosby rule-60(b)(6) rule-60b6 split-among-circuits standing supreme-court-precedent |
Whether a change in decisional law may constitute an extraordinary circumstance justifying relief under Rule 60(b)(6) |
| 19-7687 |
Miguel Palacios Plata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-18 |
Denied |
civil-rights court-of-criminal-appeals criminal-procedure discovery dna-evidence due-process evidence habeas-corpus innocence newly-discovered-evidence post-conviction-relief statutory-interpretation |
Whether the excluded evidence and jury prevented from seeing or considering this evidence should be considered newly discovered evidence for purposes … |
| 19-7563 |
Terry Glynn Speed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-06 |
Denied |
civil-rights constitutional-violation due-process evidentiary-hearing habeas-corpus new-trial perjury racial-bias trial-procedure |
Whether the reviewing court is required to hold an evidentiary hearing to allow the petitioner to prove claims of racial prejudice and bias that would… |
| 19-7496 |
Garry Dean Stroner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-30 |
Denied |
constitutional-rights discrimination due-process effective-counsel fair-cross-section fair-trial impartial-jury intentional-exclusion jury-composition jury-selection presumption-of-innocence prosecutorial-misconduct systematic-exclusion |
Whether the right to an impartial jury was violated by the systematic exclusion of male venirepersons |
| 19-936 |
Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
28-usc-2253 appellate-procedure certificate-of-appealability civil-procedure evidentiary-hearing federal-habeas habeas-corpus slack-v-mcdaniel state-prisoner |
Should a state prisoner take a separate, direct appeal of the denial of an evidentiary hearing in a federal habeas case when no 'certificate of appeal… |
| 19-7406 |
Bartholomew Antonio Guzman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
civil-rights constitutional-law criminal-procedure due-process federal-court federal-jurisdiction first-amendment freedom-of-information government-transparency habeas-corpus public-records standing state-court state-court-interpretation state-court-proceedings |
Whether the United States District Court erred in dismissing a pro se habeas corpus petition due to the lack of jurisdiction because the habeas per pe… |
| 19-7419 |
Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing |
Whether the trial court abused its authority by revoking a community supervision because of a new honest mistake charge which was ultimately dismissed… |
| 19A832 |
Kevin Duane Talkington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-24 |
Presumed Complete |
None |
|
| 19-7345 |
Roberto Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-22 |
Denied |
circuit-precedent civil-procedure constitutional-law due-process fifth-circuit immigration immigration-status judicial-conflict legal-interpretation precedent prejudice prejudicial-evidence procedural-review |
Did the Fifth Circuit's opinion conflict with its own precedent in Rojas v. Richardson regarding the prejudicial nature of a party's immigration statu… |
| 19-882 |
Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-16 |
Denied |
certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment |
Whether petitioner's trial counsel was ineffective |
| 19-883 |
Jason Isaiah Robinson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-16 |
Denied |
aedpa-limitations anti-terrorism-and-effective-death-penalty-act certificate-of-appealability habeas-corpus miller-v-alabama montgomery-retroactivity retroactive-application substantive-rules suspension-clause |
Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and imposed an unduly burdensome st… |
| 19-7300 |
Billy J. Booker v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-15 |
Denied |
civil-procedure civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus jurisdiction sentencing standing statutory-provisions |
Whether a conviction under 18 U.S.C. 1962 holds Cubana Air Piracy as a predicate act |
| 19-861 |
Mark Shumski v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-09 |
Denied |
appellate-review certificate-of-appealability circuit-split district-court due-process habeas-corpus judicial-discretion prisoner-rights standard-of-review |
Is a prisoner entitled to a certificate of appealability (COA) on a claim for which other jurists have reached different conclusions from the district… |
| 19-7203 |
Arthur Luther McKinney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2020-01-08 |
Denied |
administrative-law civil-rights constitutional-rights custody custody-challenge due-process habeas-corpus prison prisoner-rights property-rights reentry supervision |
Does the Texas Department of Criminal Justice have to provide due process before taking away property given for work? |
| 19A732 |
Nelson Romero v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-31 |
Presumed Complete |
None |
|
| 19A716 |
Garry Dean Stroner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-27 |
Presumed Complete |
None |
|
| 19-6987 |
Darrell Wayne Bell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-18 |
Denied |
5th-circuit actual-innocence certificate-of-appealability circuit-court-conflict habeas habeas-corpus judicial-precedent merits-analysis newly-discovered-evidence shulp-v-delo |
Did the 5th Circuit Court of Appeals exceed the limited scope of the Certificate of Appealability (COA) standard using a merits analysis to deny Petit… |
| 19-6951 |
Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-18 |
Denied |
28-U.S.C-2244(d)(1)(D) coerced-plea coercion collateral-review federal-courts guilty-plea habeas habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence statutory-interpretation |
Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, did not meet… |
| 19-6954 |
Jerry Scott Camp, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-16 |
Denied |
coa department-of-corrections disability due-process equitable-tolling extraordinary-circumstances habeas-corpus medical-condition medical-disability procedural-barriers sec-2254 section-2254 statute-of-limitations |
Should an inmate be entitled to equitable tolling due to extraordinary circumstances? |
| 19A671 |
Joseph W. Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-13 |
Presumed Complete |
None |
|
| 19A670 |
Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-13 |
Presumed Complete |
None |
|
| 19-6934 |
Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-13 |
Denied |
buck-doctrine buck-v-davis certificate-of-appealability fifth-circuit gonzalez-precedent habeas-corpus habeas-relief ineffective-assistance-of-counsel right-to-counsel rule-60(b)(6) successive-petition successive-petitions |
Whether the Fifth Circuit has misinterpreted Buck by requiring Mr. Johnson to plead a meritorious claim for habeas relief in his Rule 60(b)(6) motion? |
| 19-6823 |
Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-04 |
Denied |
brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver |
Whether the Texas Court of Criminal Appeals's waiver bar is an independent and adequate state procedural ground that forecloses federal habeas review |
| 19A607 |
Ramiro F. Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-02 |
Presumed Complete |
None |
|
| 19-6738 |
William Ardas Sarringar v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-11-25 |
Denied |
constitutional-right constitutional-rights due-process equal-protection judicial-competence procedural-default statute-of-limitations subject-matter-jurisdiction void-judgment |
When does the fundamental constitutional right to be tried by a court of competent jurisdiction cease to operate as a right, or is forfeited by a part… |
| 19-6660 |
Ronald Fay Schermerhorn, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-11-22 |
Denied |
appellate-review confrontation-clause court-of-appeals due-process ex-post-facto fair-trial habeas-corpus statutory-law |
Question not identified. |
| 19A509 |
Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-11-07 |
Presumed Complete |
None |
|
| 19-6482 |
Demetrius Dewayne Smith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-11-04 |
Denied |
2254-review 28-usc-2253 28-usc-2254 certificate-of-appealability death-penalty federal-habeas habeas-corpus subject-matter-jurisdiction |
When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C… |
| 19-6488 |
Javier Yebra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-11-04 |
Denied |
appellate-procedure certificate-of-appealability constitutional-review due-process fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-review standard-of-review supreme-court-precedent trial-counsel |
Did the United States Court of Appeals for the Fifth Circuit continue to impose an improper Certificate of Appealability (COA) standard that contraven… |
| 19-6465 |
Quintin Phillippe Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-31 |
Denied |
18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigative-funding martinez-v-ryan meaningful-representation sixth-amendment |
When has a qualifying prisoner been denied meaningful representation informed by investigation to prepare a federal habeas corpus application? |
| 19-6426 |
John Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-30 |
Denied |
civil-procedure district-court extraordinary-circumstances finality finality-exception legal-standard relief-from-judgement relief-from-judgment timely-filing timely-motion |
Whether Petitioner is entitled to relief from judgement where he files a motion in a timely fashion and provides the district court with extraordinary… |
| 19-569 |
Carlos Manuel Ayestas v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-30 |
Denied |
capital-case capital-case-mitigation-evidence ineffective-assistance mental-health mitigation-evidence mitigation-investigation professional-norms rompilla-v-beard sixth-amendment strickland-v-washington substance-abuse wiggins-v-smith |
Whether 'prevailing professional norms' required counsel in a capital case to investigate potential mitigation evidence, including red flags for menta… |
| 19-6346 |
Paul Malone v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-22 |
Denied |
14th-amendment aedpa aedpa-deference attorney-perjury due-process guilty-plea ineffective-assistance-of-counsel mental-disorders perjury plea-voluntariness strickland-v-washington trial-attorney-perjury |
Does deference provided from AEDPA and Strickland v Washington apply when there is evidence of trial attorney perjury before the court? |
| 19-6328 |
Antonio Leonard Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-22 |
Denied |
civil-rights constitutional-violation criminal-procedure criminal-sentencing due-process equal-protection federalism habeas-corpus jurisdictional-issue jury-selection mandatory-minimum state-criminal-procedure |
Whether the same conduct can constitute both a state constitutional violation and a United States Constitutional violation |
| 19-6298 |
John Steven Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-17 |
Denied |
28-usc-2254 certificate-of-appealability federal-court-review federal-habeas-proceedings fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard state-court-deference state-habeas strickland-v-washington wilson-v-sellers |
Whether in denying a COA, the Fifth Circuit's methodology in the Gardner opinion is in conflict with Wilson v. Sellers and Miller-El |
| 19-6239 |
Randell Glen Laws v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-10 |
Denied |
appellate-jurisdiction appellate-review constitutional-rights due-process federal-courts habeas-corpus judicial-precedent jurisdictional-challenge merits-review procedural-due-process supervisory-power |
Whether a federal appellate court necessitates the exercise of the Supreme Court's supervisory power when it decides that a petitioner/appellant has n… |
| 19-6181 |
Mark Robertson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-07 |
Denied |
18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus investigation judicial-review meaningful-representation representation representation-services sixth-amendment statutory-interpretation |
Did the district court deny Mr. Robertson the meaningful representation informed by investigation to prepare a habeas corpus application to which he i… |
| 19-6156 |
Randy Ethan Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-03 |
Denied |
abuse-of-the-writ aedpa anti-semitism capital-punishment constitutional-claim due-process federal-procedure habeas-corpus judicial-bias racial-discrimination recusal second-or-successive-petition |
Whether Halprin's second federal petition raising a judicial bias claim is 'second or successive' under 28 U.S.C. § 2244(b)(2) if the judge concealed … |
| 19-6106 |
Alexander William Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-01 |
Denied |
buck-v-davis certificate-of-appealability civil-rights constitutional-claims due-process fifth-circuit habeas habeas-corpus judicial-review summary-denial summary-order |
Whether a 1'4-page order that summarily denies a certificate of appealability satisfies the requirement of Buck v. Davis |
| 19-6072 |
Thomas Joseph Eppelsheimer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-27 |
Denied |
age-of-consent criminal-law due-process fifth-amendment ineffective-assistance-of-counsel mens-rea sexual-assault statutory-rape strickland-v-washington |
Is Texas Penal Code §§ 21.11(a)(1) and 22.011(a)(2) unconstitutional under the Fifth Amendment right to Due Process? |
| 19-6070 |
Malcom McClenon v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-26 |
Denied |
appeals appellate-review batson-challenge constitutional-rights conviction criminal-procedure due-process fair-trial fifth-circuit habeas-corpus harmless-error judicial-review sufficiency-of-evidence |
Is Recier DUE. To fr ConvicTioN 1 Devoid OF THE RUD MENTARY DEmAwos of FAIR Pacegouns ? |
| 19-5985 |
Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Denied |
appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase |
Whether a criminal defendant's right to testify was violated when his trial counsel prevented him from testifying to his version of events during the … |
| 19A317 |
Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Presumed Complete |
None |
|
| 19A316 |
Darrell Wayne Bell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Presumed Complete |
None |
|
| 19A313 |
John Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-17 |
Presumed Complete |
None |
|
| 19-5947 |
Michael Patrick Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-16 |
Denied |
criminal-procedure due-process fair-trial harmless-error ineffective-assistance ineffective-assistance-of-counsel law-enforcement perception-of-guilt substantial-guilt trial-defense witness-tampering |
If defense counsel omits the necessary trial defense and thereby sustains a perception of substantial guilt so that the substantial guilt was dependen… |
| 19-5934 |
Bruce Randol Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-13 |
Denied |
actual-innocence AEDPA-statute-of-limitation constitutional-claim equitable-tolling evidence-insufficiency evidence-sufficiency federal-habeas-corpus habeas-corpus insufficient-evidence right-to-be-present statute-of-limitations |
Whether petitioner can establish a gateway claim of actual innocence based on a constitutional claim of insufficiency of evidence |
| 19A285 |
Quintin Phillippe Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-12 |
Presumed Complete |
None |
|
| 19-336 |
Keith Chester Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-12 |
Denied |
capital-sentencing discretionary-sentencing fifth-circuit glover-v-united-states habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis reasonable-probability sentencing strickland-standard strickland-v-washington |
Whether the court of appeals erred in holding that, to demonstrate that counsel was ineffective at a state, non-capital, discretionary sentencing proc… |
| 19-5862 |
Jorge Alberto Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-11 |
Denied |
circuit-court deference-to-state-courts federal-habeas-corpus federal-habeas-relief federal-review fifth-circuit habeas-corpus habeas-proceedings ineffective-assistance ineffective-assistance-of-counsel standard-of-review state-court-deference strickland-standard strickland-v-washington |
Was the Fifth Circuit's 'unreasonable application' inquiry proper? |
| 19-5860 |
T'Challa Rhashaed Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-06 |
Denied |
conflict-among-circuits court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jackson-virginia-standard judicial-review legal-standard standard-of-review strickland-washington-standard |
Whether the district state court of appeals rendered a decision in conflict with decisions of this court and other courts of appeals, when unreasonabl… |
| 19-5841 |
Shahram Shakouri v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-09-06 |
Denied |
due-process first-amendment fourteenth-amendment free-exercise free-exercise-clause masterpiece-cakeshop religious-discrimination religious-hostility religious-neutrality scriptural-interpretation thirteenth-amendment |
Whether district court's lack of religious neutrality violated Petitioner's right to the Due Process Clause of the 14th Amendment or Free Exercise Cla… |
| 19-5826 |
Jerry Perez, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-05 |
Denied |
civil-procedure civil-rights due-process free-speech jurisdiction patent standing takings |
Whether the 5 Great Lobsters of Spect on é a flab ed, (flee OitteS- ad Ggee table a og | tp iotees daw , a het si ance Ge She Syihan - wating Cnn YS c… |
| 19-5820 |
Charles D. Raby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-05 |
Denied |
28-usc-2244 circuit-court-jurisdiction circuit-split habeas-corpus newly-discovered-evidence prima-facie-showing reasonable-juror standard-of-review statutory-interpretation successive-petition |
Whether a court of appeals can reach fact issues when ruling on a motion for authorization to file a successive habeas petition based on newly discove… |
| 19-5836 |
Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-05 |
Denied |
appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to properly investigate a… |
| 19-5824 |
William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-04 |
Denied |
5th-circuit appellate-review certificate-of-appealability deadly-weapon due-process habeas-corpus habeas-relief habeas-relief-review ineffective-assistance-of-counsel procedural-default |
Did the U.S. Court of Appeals for the Fifth Circuit err in its denial of a certificate of appealability to review the U.S. District Court's denial of … |
| 19-298 |
Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-04 |
Denied |
criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law |
Does an automatic life-without-parole sentence for juveniles violate the Eighth Amendment? |
| 19-5786 |
Joshua George Nowland v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-03 |
Denied |
appellate-jurisdiction barker-v-wingo civil-rights constitutional-rights criminal-procedure due-process judicial-review jurisdiction prejudice pretrial-detention speedy-trial |
Is oppressive pretrial incarceration still an important aspect of the Barker balancing test? |
| 19-5755 |
Billy Jack Crutsinger v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-29 |
Denied |
60b-motion change-in-law civil-procedure civil-procedure-60b extraordinary-circumstances federal-procedure finality habeas-corpus rule-60b statutory-representation statutory-right-to-counsel structural-defect |
Whether a court can consider a change in the law as one of many factors in determining extraordinary circumstances warranting relief from judgment und… |
| 19-5644 |
Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver |
Does judicial confession in this case, without a waiver and without prior appointment of counsel for an indigent defendant, violate the Legal Assistan… |
| 19-5653 |
Edward Lee Busby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
28-usc-2254 adjudication-on-the-merits atkins-claim due-process due-process-clause eighth-amendment federal-constitutional-claim federal-law habeas-corpus intellectual-disability standard-of-review state-court state-court-review |
When a state habeas court denies a petitioner relief on a federal constitutional claim by imposing a higher burden than is required by federal law, sh… |
| 19-231 |
Wes Perkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
5th-amendment 5th-circuit actual-innocence certificate-of-appealability civil-procedure civil-rights due-process electronic-filing fifth-circuit habeas habeas-corpus judicial-procedure parties-to-proceeding pro-se-petition standing state-respondent |
Was DAVIS improperly included? |
| 19-5612 |
Steven Wayne Isbel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-16 |
Denied |
circuit-court civil-rights constitutional-claims discretionary-review document-production due-process equal-protection habeas-corpus ineffective-assistance jury-instructions separation-of-powers standard-of-review state-court-exhaustion |
Whether the district court and the 5th circuit were correct that Isbel did not properly preserve and exhaust his ineffective assistance of trial couns… |
| 19A181 |
William Carpenter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-16 |
Presumed Complete |
None |
|
| 19-5602 |
Kirk Wayne McBride, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-15 |
Denied |
administrative-agency administrative-law civil-rights constitutional-rights criminal-procedure declaratory-relief due-process exclusionary-rule exhaustion-of-remedies federal-jurisdiction fourth-amendment habeas-corpus probable-cause search-and-seizure standing |
Whether the court of appeals erred by concluding that the petitioner's federal habeas corpus claim under 28 U.S.C. Section 2241 rather than under Titl… |
| 19-5547 |
Ronny Lee Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
abandonment-of-claim abandonment-of-defense certificate-of-appealability constitutional-claim counsel-statement-of-guilt counsel-statements criminal-procedure due-process ineffective-assistance ineffective-counsel right-to-autonomy right-to-counsel |
Whether COA should have been granted based on petitioner's right to autonomy when his counsel abandoned petitioner's claim of not guilty when counsel … |
| 19-5518 |
Muamar A. Sayyed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
§2254 §2254-petition civil-procedure district-court district-court-authority due-process habeas-corpus judicial-discretion motion-correction procedural-error successive-petitions void-judgment |
Does the district court have the authority to dismiss §2254 habeas corpus petition as successive when it was clearly not successive? |
| 19-5459 |
Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-05 |
Denied |
appellate-review civil-rights constitutional-rights criminal-procedure due-process fair-trial impartial-judge judicial-impartiality judicial-misconduct sixth-amendment |
Whether a criminal defendant is constitutionally entitled to a fair trial from an impartial judge who is not corrupt to preside and rule over his tria… |
| 19-5430 |
Christopher Devon Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-01 |
Denied |
capital-case certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health mental-health-mitigation mitigation wiggins-v-smith |
Whether the Fifth Circuit applied an overly restrictive standard for granting a certificate of appealability (COA) where the district court found that… |
| 19-5428 |
Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-01 |
Denied |
batson-challenge batson-v-kentucky constitutional-provisions criminal-procedure deadly-weapon deadly-weapon-finding evidence ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction judicial-review strickland-standard strickland-v-washington |
Whether the decision of the court is in conflict with Supreme Court ruling concerning ineffective assistance of counsel |
| 19-5409 |
Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-31 |
Denied |
civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search |
Whether the actions of Nawis County Sheriff's Department violate the constitutional and statutory rights of petitioner Brady A. Daniel under the Fourt… |
| 19-5415 |
Darryl Dewayne Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-31 |
Denied |
28-usc-2254 certificate-of-appealability constitutional-review evidentiary-findings habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review strickland-standard strickland-v-washington |
Whether Applicant is entitled to a certificate of appealability or review by the Supreme Court |
| 19-5365 |
Michael Joseph DeMarco, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-07-29 |
Denied |
color-of-state-law constitutional-rights due-process equal-protection government-misconduct prisoner-rights property-rights property-seizure retaliation witness-defense |
Whether a prisoner has due process and equal protection under the Constitution |
| 19-5271 |
Demarko Deon Cooper v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
civil-rights constitutional-law constitutional-rights due-process federal-law habeas-corpus judicial-review lower-court-decision state-court unreasonable-application |
Was the lower court's decision to deny habeas corpus relief to the Petitioner in this cause contrary to, and an unreasonable application of, clearly e… |
| 19-5290 |
Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review |
Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was… |
| 19-5222 |
James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-19 |
Denied |
abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel |
Whether the procedural bar statute was properly applied |
| 19-5212 |
Larey Douglas Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-17 |
Denied |
14th-amendment 28-usc-2254 actual-innocence aedpa aedpa-limitations constitutional-amendments due-process due-process-clause habeas-corpus ineffective-assistance presumption-of-correctness state-court-proceedings state-habeas |
Did the AEDPA's 28§2254(e) legislation do away with Supreme Court precedent regarding the 14th Amendment Due Process Clause's entitlement to a full an… |
| 19-5171 |
Victor Hugo Saldano v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-16 |
Denied |
biased-jury buck-v-davis certificate-of-appealability constitutional-claim death-penalty due-process future-dangerousness mental-competency racial-bias vagueness vagueness-doctrine |
Whether the Texas future-dangerousness special issue fails on vagueness grounds as applied to Mr. Saldajfio, as a statute incapable of reasoned applic… |
| 19-5164 |
Lamont Renard Stewart v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-15 |
Denied |
conflict-with-precedent court-decision court-of-appeals federal-law federal-question important-issue judicial-review jurisdiction legal-conflict legal-settlement petition-for-writ settled-by-supreme-court standing |
Whether a State Court or a United States Court of Appeals has decided an important question of federal law that has not been, but should be, settled b… |
| 19-5189 |
Michael Tyler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-15 |
Denied |
appeal civil-procedure civil-rights constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence guidelines liberty post-conviction-relief procedural-barriers sentencing standing statutory-interpretation takings |
Whether the Sentencing Court Erred in Calculating the Defendant's Sentencing Guidelines Range |
| 19-5104 |
Maurice Samuel Arrington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-09 |
Denied |
appellate-procedure certiorari-review civil-rights court-records due-process evidence-assessment factual-findings federal-courts habeas-corpus judicial-standards legal-review standing state-courts supreme-court-precedent |
Does the Court of Appeals deny prisoners Due Process by Ignoring vital Facts necessary to determining their Pre-COA issues and Merely quoting Black v.… |
| 19-5072 |
Troy Lee Bridges v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-03 |
Denied |
batson-challenge certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel peremptory-strikes prejudice prosecutorial-misconduct standard-of-review voir-dire |
Did the Fifth Circuit err in deferring to the Federal court finding that Mr. Bridges was not prejudiced by his trial counsel,findings and the prosecut… |
| 19M9 |
Mark Robertson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-03 |
Presumed Complete |
None |
|
| 19-5048 |
Mark Anthony Dolph v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-02 |
Denied |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure custody custody-determination due-process evidentiary-standard interrogation legal-procedure miranda-warnings officer-testimony video-evidence |
Why does Geasoned Opinions of _jprist Thou out the federal system demonstrate that freminded ytist can disagree AS +o Whether the use of handtudfs jtu… |
| 19-5007 |
Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-01 |
Denied |
actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility |
Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in… |
| 19-5 |
Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-28 |
Denied |
burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence |
Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a ch… |
| 18-9676 |
Randy Ethan Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-14 |
Denied |
28-usc-2254(d)(2) aedpa aedpa-deference capital-punishment-eligibility certificate-of-appealability enmund-v-florida habeas-corpus lockett-v-ohio merits-review procedural-default tison-v-arizona |
Whether the Fifth Circuit contravened this Court's precedents in Buck, Miller-El, and Slack by first deciding the merits of Mr. Halprin's claims befor… |
| 18-9646 |
Max Edward Webb v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-13 |
Denied |
civil-procedure civil-rights constitutional-law due-process habeas-corpus jurisdiction standing statutory-interpretation |
When the text has no mandatory interpretation - the right to due process of law |
| 18A1307 |
James Destry Hamm v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-13 |
Presumed Complete |
criminal-conviction due-process equal-protection jury-instructions stalking-statute sua-sponte |
Whether a trial court's failure to provide complete jury instructions constitutes a due process violation that warrants reversal of a criminal convict… |
| 18-9614 |
Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-12 |
Denied |
8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure |
Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded … |
| 18-9640 |
Paul Eugene Lawson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-06-12 |
Denied |
civil-procedure civil-rights constitutional-provisions due-process fair-warning in-forma-pauperis jurisdiction legal-sequestration legal-work prison prison-discipline standing |
Can a district court dismiss petitioner's lawsuit based upon the State's attorney's waiver of reply to complaint? |
| 18-9645 |
Victor J. Black v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-12 |
Denied |
appeals civil-procedure due-process federal-courts jurisdiction standing statutory-interpretation |
Whether the Court of Appeals Fifth Circuit had jurisdiction to adjudicate Petitioners' Appeal |
| 18A1282 |
Ronny Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-07 |
Presumed Complete |
access-to-courts extension-of-time prisoner-rights pro-se supreme-court writ-of-certiorari |
Whether a pro se prisoner's motion for an extension of time to file a writ of certiorari should be granted due to institutional lockdown and limited a… |
| 18A1270 |
William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-05 |
Presumed Complete |
aggravated-robbery certificate-of-appealability deadly-weapon due-process habeas-corpus ineffective-assistance |
Whether a single open-handed push during a shoplifting attempt constitutes use of a 'deadly weapon' under Texas law sufficient to support a first-degr… |
| 18-9540 |
Clifton D. Harvin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-04 |
Denied |
actual-innocence actual-innocence-exception aedpa district-court due-process federal-review fifth-circuit habeas-corpus mcquiggin-v-perkins miscarriage-of-justice slack-v-mcdaniel statute-of-limitations |
When a Petitioner relies upon the McQuiggin V Perkins 133 S.Ct. 1924 miscarriage of justice actual innoccence exception to overcome the AEDPA one year… |
| 18-9548 |
Kevin Terrell Tatum v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-04 |
Denied |
civil-procedure-summary-judgment civil-rights due-process exculpatory-evidence ineffective-assistance-of-counsel insufficient-evidence newly-discovered-evidence recantation sufficiency-of-evidence summary-judgment witness-recantation |
Whether the district court erred in granting summary judgment against the appellant when there are material, unresolved facts in dispute |
| 18M172 |
Victor Anthony Charles v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-24 |
Presumed Complete |
None |
|
| 18A1208 |
Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-22 |
Presumed Complete |
batson-challenge constitutional-right habeas-corpus ineffective-assistance jury-selection state-court-review |
Whether ineffective assistance of counsel claims involving failure to investigate and challenge jury selection require federal habeas relief when the … |
| 18M170 |
Quincy Deshan Butler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-22 |
Presumed Complete |
None |
|
| 18-9350 |
Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-20 |
Denied |
assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force |
Can a fist be considered a deadly weapon in and of itself? |
| 18A1190 |
Christopher Devon Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-17 |
Presumed Complete |
None |
|
| 18-9265 |
Juan Ramon Meza Segundo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-14 |
Denied |
aedpa capital-case circuit-split extraordinary-circumstances federal-habeas federal-habeas-proceedings federal-procedure gonzalez-v-crosby habeas-corpus merits-review procedural-defect rule-60(b) rule-60b section-3599 |
Whether the denial of Section 3599 representation services under the wrong legal standard constitutes a defect in the integrity of the federal habeas … |
| 18-9273 |
Billy Joe Wardlow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-14 |
Denied |
adequate-state-ground adequate-state-procedural-ground capital-case capital-habeas capital-habeas-case-appeal certificate-of-appealability due-process-right-to-present-evidence federal-habeas fifth-circuit habeas-corpus ineffective-assistance-of-counsel presumption-of-correctness state-habeas state-habeas-proceedings state-procedural-ground texas-court-of-criminal-appeals |
Whether the Fifth Circuit violated the standard for determining a Certificate of Appealability |
| 18-9251 |
Willie James Atkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-13 |
Denied |
aedpa aedpa-legislation civil-procedure constitutional-provisions discovery-rule equitable-tolling fraudulent-concealment materially-indistinguishable standing |
Does the Doctrine of 'Equitable Tolling' due to claims of 'Fraudulent Concealment' of obviously important facts, extend to AEDPA legislative cases? |
| 18-1413 |
Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether the denial of a certificate of appealability by the Fifth Circuit Court of Appeals constituted reversible error, given the prosecutor's violat… |
| 18-9227 |
Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct |
Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment proceeding, and… |
| 18A1155 |
Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-08 |
Presumed Complete |
None |
|
| 18-9147 |
Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-06 |
Denied |
5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent |
Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation … |
| 18-9118 |
Emanual Deleon Fields v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Denied |
civil-rights constitutional-rights due-process equal-protection jury-selection peremptory-challenges racial-discrimination standing |
Whether the U.S. Constitution's equal protection clause was violated when the trial court denied the petitioner's motion to dismiss due to the prosecu… |
| 18-9119 |
Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Dismissed |
appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation |
Whether the Full Faith & Credit Clause, Double Jeopardy Clause prohibits the State of Texas from re-prosecuting & re-imprisoning petitioner for an exp… |
| 18-9134 |
Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Denied |
amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony |
Whether the medical records were improperly excluded from evidence |
| 18-9113 |
Glen Moore v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-02 |
Denied |
access-to-courts double-jeopardy due-process liberty-interests parole parole-revocation retroactive-law retroactive-punishment standing |
Do Texas Board of Parole have the constitutional authority to change laws or to take away a prisoner's liberty interests without due process of law? |
| 18A1130 |
Darryl Dewayne Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-02 |
Presumed Complete |
None |
|
| 18-9051 |
Quintonius B. Golston v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-01 |
Denied |
brady-v-maryland brady-violation circuit-conflict conflict criminal-procedure due-process evidence-suppression federal-question fifth-circuit important-question prosecutorial-misconduct |
Whether the United States Court of Appeals Fifth Circuit has decided an important federal question that conflicts with this Court in Brady v. Maryland… |
| 18-9034 |
Norman Lee Shillings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-04-30 |
Denied |
alias-name civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence fourteenth-amendment identity tampering-with-evidence |
Can the presentation of an (Alias) or Gender specific name used during arrest, booking, and bonding procedures be charged as Tampering with Evidence, … |
| 18-9030 |
Juan Reyes Rivera v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-29 |
Denied |
confrontation-rights constructive-amendment due-process fifth-amendment grand-jury grand-jury-clause indictment ineffective-assistance |
Did trial counsel render ineffective assistance for failure to quash or dismiss Constructive, Amended Indictment, amended by the court on third day af… |
| 18-8976 |
Wilfred Warren Sheppard v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-24 |
Denied |
appellate-jurisdiction appellate-procedure circuit-court civil-procedure court-of-appeals due-process exhaustion-requirement ineffective-assistance-of-counsel judicial-code legal-review standing writ-of-certiorari |
Whether this Court has the power to issue a Writ of Certiorari to review the action of the Fifth Circuit Court of Appeals |
| 18-8921 |
Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-19 |
Denied |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court |
What is a reasonable time period for trial counsel to be required to become aware of recent precedence before he/she may be deemed ineffective for fai… |
| 18-8850 |
Oscar L. Shaw v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-04-17 |
Denied |
alteration-of-trial-records civil-rights due-process federal-court fraud lack-of-filing-original-indictment lack-of-jurisdiction-after-dismissal misconduct-by-court-appointed-attorney misconduct-by-state-judge misconduct-by-state-prosecutors rule-60b standing |
Whether the trial court has jurisdiction after the dismissal, to conduct a jury trial and enter judgment of conviction? |
| 18-8867 |
James A. Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-17 |
Denied |
appeals civil-procedure civil-rights due-process federal-jurisdiction habeas-corpus standing |
Whether the district court and court of appeals erred in dismissing petitioner's claims for lack of jurisdiction and standing |
| 18-8845 |
Abel Revill Ochoa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-16 |
Denied |
ayestas-v-davis capital-case capital-punishment death-penalty due-process federal-funding funding habeas-corpus ineffective-assistance-of-counsel legal-representation procedural-standard statutory-interpretation |
Whether, in light of Ayestas v. Davis, 138 S. Ct. 1080 (2018), a court applies an overly burdensome standard for funding under 18 U.S.C. § 3599(f) whe… |
| 18-8802 |
Eli Vernon, III, aka Eli Mims v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-11 |
Denied |
counsel-objection criminal-procedure due-process duren-analysis duren-v-missouri equal-protection ineffective-assistance-of-counsel jury-selection peremptory-challenge peremptory-challenges strickland-standard strickland-v-washington systematic-exclusion |
Does the first prong in Duren v Missouri establish a systematic exclusion for counsel to object? |
| 18-8733 |
Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-10 |
Denied |
civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation |
Can a state enact a statute that combines the use of older, established statutes as the ways and means to commit the new statutes crime, merely erodin… |
| 18A1042 |
Larey Douglas Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-09 |
Presumed Complete |
None |
|
| 18A1032 |
Randy Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-08 |
Presumed Complete |
None |
|
| 18-8712 |
John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-05 |
Denied |
character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel |
Whether a death penalty defendant received ineffective assistance of trial counsel for failing to investigate and present evidence of the defendant's … |
| 18-8641 |
Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights |
Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim |
| 18-8643 |
Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire |
WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS; RENDERING COU… |
| 18-8645 |
David Dean Harris v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
appeal-procedure constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel presumption-of-innocence sixth-amendment supreme-court-precedent victim-identification witness-testimony |
Was the state's use of the complaining witness's name specifically as the victim a violation of presumption of innocence, Supreme Court precedent, Uni… |
| 18-8557 |
Ignacio Ruiz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-26 |
Denied |
civil-rights confrontation-clause criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel sentencing |
Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel based on counsel's failure to object to the conf… |
| 18A974 |
Kevin Terrell Tatum v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-26 |
Presumed Complete |
None |
|
| 18M133 |
Osmin Agruellaz Meraz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-26 |
Presumed Complete |
None |
|
| 18-8440 |
Travis Trevino Runnels v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-18 |
Denied |
certificate-of-appealability circuit-court counsel-misconduct equitable-relief habeas-corpus ineffective-assistance-of-counsel procedural-default rule-60(b) rule-60b standard-of-review |
Whether certiorari should be granted when the circuit court improperly applied an 'overly rigid per se approach' in denying COA on petitioner's motion… |
| 18-8429 |
Tracy Lane Beatty v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-14 |
Denied |
adequate-representation circuit-split civil-procedure civil-procedure-60b6-martinez-v-ryan-conflict-amon federal-courts federal-habeas martinez-standard martinez-v-ryan procedural-default rule-60-motion rule-60(b)(6) standing timeliness |
Whether the Court should grant certiorari to resolve a conflict among the federal courts of appeals as to whether petitioners may ever prevail on a Fe… |
| 18-8419 |
Fabian Hernandez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-13 |
Denied |
28-usc-2254 criminal-procedure due-process federal-courts federal-habeas federal-review habeas-corpus judicial-review reasoned-decision standard-of-review state-court-decision state-courts statutory-interpretation unreasonableness-test |
Whether, in the face of a reasoned state court decision, a federal habeas court applies the unreasonableness test of 28 USC §2254(d)(1) to the specifi… |
| 18M125 |
Victor Gabriel Nunez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-13 |
Presumed Complete |
None |
|
| 18-8214 |
Charles D. Raby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-04 |
Denied |
circuit-split civil-procedure-rule-60b6 civil-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan martinez-v-trevino post-conviction-review postconviction-counsel procedural-default rule-60(b)(6) trevino-v-thaler |
Whether a court must categorically deny a Rule 60(b)(6) motion premised on the change in decisional law produced by Martinez v. Ryan |
| 18-8242 |
Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-04 |
Denied |
civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim |
Whether the United States Court of Appeals for the Fifth Circuit abused its discretion in denying a certificate of appealability on the denial of the … |
| 18A897 |
Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-04 |
Presumed Complete |
None |
|
| 18A885 |
Juan Ramon Meza Segundo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-28 |
Presumed Complete |
None |
|
| 18-8152 |
Alvin DeWayne Trigg v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-27 |
Denied |
civil-procedure civil-rights constitutional-law due-process federal-courts habeas-corpus jurisdiction standing state-courts |
Whether the state courts erred in denying petitioner's application for a writ of habeas corpus |
| 18-8141 |
Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-26 |
Denied |
abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel |
Was trial counsel ineffective for not calling an alibi witness? |
| 18A873 |
Victor Hugo Saldano v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-26 |
Presumed Complete |
None |
|
| 18-8063 |
Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-25 |
Denied |
aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment |
Is it unconstitutional for the Texas Legislature to authorize a greater punishment range and maximum punishment for aggravated assault - family violen… |
| 18-8102 |
Vivian Monroe Holman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-22 |
Denied |
appellate-review civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-process post-conviction-relief |
Whether the procedural protections required to challenge a conviction under 28 U.S.C. § 2255 were violated, including the right to an impartial trial … |
| 18-1087 |
Javier Chavez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-21 |
Denied |
access-to-courts attorney-abandonment attorney-death certificate-of-appealability civil-procedure court-access due-process equitable-tolling filing-deadline legal-malpractice pro-se |
Should the Fifth Circuit have granted a Certificate of Appealability on equitable tolling when Petitioner's retained lawyer died and no one could find… |
| 18-8071 |
Stephen Silas Thomas v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-21 |
Denied |
civil-procedure civil-rights due-process free-speech patent standing takings |
Whether the court erred in dismissing the petitioner's claims |
| 18A844 |
Billy Joe Wardlow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-21 |
Presumed Complete |
None |
|
| 18M114 |
Travis Trevino Runnels v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-21 |
Presumed Complete |
None |
|
| 18A839 |
Abel Revill Ochoa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-15 |
Presumed Complete |
None |
|
| 18-7932 |
Dale Allen Hamer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-12 |
Denied |
civil-rights constitutional-rights court-record criminal-procedure due-process judicial-review plea-bargaining pre-trial-hearing sentencing transcript warrant-review |
Whether the lower courts erred in denying petitioner's request to review the court records, transcripts, and findings related to his conviction and se… |
| 18-7867 |
Meria James Bradley v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-08 |
Denied |
aedpa constitutional-rights due-process evidence-withholding federal-court-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standard-of-review state-court-findings state-court-proceedings state-court-review |
Whether defense counsel withheld evidence that could have shown the petitioner was actually innocent |
| 18-7813 |
Bradley Jared Barton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-07 |
Denied |
civil-procedure civil-rights due-process federal-statute habeas-corpus ineffective-assistance ineffective-process judicial-review post-conviction-relief postconviction-remedy standing state-court-proceedings state-post-conviction state-procedure |
At what point does a state's post-conviction remedy become ineffective as contemplated by 28 U.S.C. 2254(b)(1)(B) |
| 18-7724 |
Elloyd Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-01 |
Denied |
civil-procedure constitutional-law court-procedure due-process legal-challenge pauper pauper-petition pauper-status rule-10.6 sanctions standing statutory-provisions supervisory-power untimely-pay-sanction |
Whether the USCA denial of rehearing en banc constitutes a 90-day deadline for filing a certiorari in this case under S.C. Rule 13.3? |
| 18-7622 |
Kendrick Bernard Demus v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-30 |
Denied |
accomplice-witness accomplice-witness-rule criminal-sentencing due-process equal-protection habeas-corpus prosecutorial-misconduct sentencing |
Whether the prosecutor engaged in prosecutorial misconduct by having the petitioner's codefendant testify that he was not promised any leniency in exc… |
| 18-7650 |
Robert Mitchell Jennings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-30 |
Denied |
appellate-review claim-exhaustion exhaustion-doctrine federal-habeas federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel johnson-v-williams judicial-legitimacy judicial-procedure merits-review procedural-default trevino-v-thaler |
Does a court contravene Johnson v. Williams, 569 U.S. 289 (2013), evade application of Trevino v. Thaler, 569 U.S. 413 (2013), and depart from the acc… |
| 18-7625 |
Thomas Florence v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-29 |
Denied |
civil-rights criminal-procedure due-process evidence jurisdiction sentencing standing |
Can the sites of the United States government maintain a valid conviction based on a DNA report that does not prove beyond a reasonable doubt to suppo… |
| 18-7636 |
Ernest Lee Glover, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-29 |
Denied |
26-usc-2244 28-usc-2241 28-usc-2254 due-process equal-protection federal-procedure habeas-corpus judicial-review statutory-interpretation |
Does a court of Appeals violate Due Process and Equal protection of law by applying 26 USC §2244(d)(1) to deny review of G.0.A. Challenging District c… |
| 18A775 |
Robert Mitchell Jennings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-29 |
Presumed Complete |
None |
|
| 18-7610 |
Michael Colbaugh v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-28 |
Denied |
equitable-exception federal-habeas-corpus federal-writ habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default state-writ texas-code-of-criminal-procedure texas-court-of-criminal-appeals trevino-exception trevino-v-thaler |
Whether the Texas Court of Criminal Appeals ruling denying Petitioner a second Writ of Habeas Corpus is in error |
| 18A773 |
Fabian Hernandez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-28 |
Presumed Complete |
None |
|
| 18-7531 |
John Paul Galbraith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-23 |
Denied |
18-usc-3006a 28-usc-2254-rule-8 appeal appointment-of-counsel circuit-justice criminal-justice-act criminal-justice-act-of-1964 due-process evidentiary-hearing indigent-prisoner right-to-counsel |
Whether a circuit justice has discretion to deny appointment of counsel for an indigent prisoner granted appeal |
| 18-7491 |
Scott Anthony Crow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-18 |
Denied |
civil-rights criminal-procedure due-process equal-protection habitual-offender ineffective-assistance-of-counsel plea-bargaining sentencing |
Did the federal judges in the 8th Cir. Fail to review newly discovered claims |
| 18-940 |
Jamal Martinez Hancock v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-18 |
Denied |
actual-innocence antiterrorism-act antiterrorism-and-effective-death-penalty-act constitutional-error habeas-corpus miscarriage-of-justice new-evidence schlup-v-delo state-prisoner triggering-events |
Whether evidence that was available but not presented at trial constitutes 'new' evidence for purposes of the 'actual-innocence' gateway that permits … |
| 18A734 |
Keith Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-16 |
Presumed Complete |
None |
|
| 18A736 |
Charles D. Raby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-16 |
Presumed Complete |
None |
|
| 18-7414 |
Ray McArthur Freeney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-15 |
Denied |
28-usc-2254 civil-procedure civil-rights due-process evidence habeas-corpus material-evidence notice-and-hearing procedural-fairness state-court state-court-deference statutory-interpretation |
Whether deference is accorded to a state court decision under 28 U.S.C. §2254(d) where the state court received and relied upon material evidence and … |
| 18-7431 |
Teddrick Batiste v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-15 |
Denied |
28-usc-2254 death-penalty due-process evidentiary-hearing habeas-corpus ineffective-assistance organic-brain-damage procedural-bar state-court-deference wilson-v-sellers |
Whether the state court's post-conviction process was adequate to ascertain the truth and lacked critical components of an adjudication on the merits |
| 18-7326 |
Mark Anthony Soliz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-11 |
Denied |
certiorari-standard due-process federal-habeas-review federal-jurisdiction fifth-circuit-review habeas-corpus judicial-interpretation plain-statement-rule procedural-default state-court-decision state-court-determination state-court-proceedings |
Whether this Court should grant certiorari to remand this case to the Fifth Circuit because the Fifth Circuit misapplied this Court's 'plain statement… |
| 18-7374 |
David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-11 |
Denied |
aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith |
Whether the Fifth Circuit erred in holding that a court may indulge 'post hoc rationalization' for counsel's decision making that contradicts the avai… |
| 18A721 |
Tracy Lane Beatty v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-11 |
Presumed Complete |
None |
|
| 18-7364 |
Brandon M. Chambers v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-10 |
Denied |
court-interpretation grammar grammatical-construction judicial-deference judicial-discretion legislative-intent punctuation state-court statutory-analysis statutory-construction statutory-interpretation |
What responsibility/power does a State District court have in interpreting a provision of a statute, and when interpreting a statute to determine legi… |
| 18-7290 |
Muhamet Ajvazi v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
constitutional-rights constitutional-violation criminal-procedure due-process enhancement evidence judicial-review prior-conviction prior-convictions remand reversal sentencing |
Whether the court should reverse and remand due to the admission of evidence of prior conviction used as enhancement that was not fulfilled |
| 18-7291 |
Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial |
Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai… |
| 18-7261 |
Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-07 |
Denied |
abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b) |
Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of… |
| 18-7229 |
Telisa De'Ann Blackman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-04 |
Denied |
aedpa brady-claim brady-giglio-napue brady-rule burden-of-proof exculpatory-evidence federal-habeas federal-writ giglio-claim giglio-rule napue-claim napue-rule prosecutorial-misconduct successive-petitions |
Should a prisoner be substantively disadvantaged by having to meet a higher burden of proof on her Brady/Giglio/Napue claims because the prosecution h… |
| 18-7081 |
Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Denied |
certificate-of-appealability constitutional-claims due-process false-testimony giglio giglio-v-united-states habeas-corpus habeas-corpus-review prosecutorial-misconduct slack-v-mcdaniel standing summary-judgment |
Whether Slack v. McDaniel requires a court of appeals to issue a certificate of appealability to a challenge a district court's holding that Giglio pe… |
| 18-7091 |
Steven Anthony Butler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Denied |
capital-punishment capital-sentencing competence competency-evaluation ineffective-assistance ineffective-assistance-of-counsel investigation judicial-process judicial-review mental-competence mental-health mitigating-evidence procedural-fairness |
When must the Court exercise its supervisory power to assure the fairness of the judicial process? |
| 18A647 |
Eli Vernon, III, aka Eli Mims v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Presumed Complete |
None |
|
| 18-7016 |
Tuad Damonn Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-13 |
Denied |
batson-challenge batson-v-kentucky civil-rights constitutional-claims discrimination due-process equal-protection fourteenth-amendment jury-selection peremptory-strikes racial-discrimination sixth-amendment standing |
whether-district-court-assessment-was-debatable |
| 18-6899 |
John Uranga, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
certiorari circuit-split circuit-splits constitutional-error constitutional-violations de-minimis federal-courts federal-law implied-bias intra-circuit-split juror-bias structural-error structural-errors |
Whether the implied bias doctrine constitutes clearly established federal law |
| 18-6959 |
Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure |
Whether arbitrary government intrusion violates the Fourth Amendment by means of unlawful search and seizure without probable cause |
| 18-6960 |
Craig Mack v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
civil-procedure civil-rights due-process free-speech standing takings civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated by errors in his criminal trial and sentencing proceedings |
| 18-6943 |
Gregory Dean Banister v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-06 |
Judgment Issued |
aedpa appellate-procedure civil-procedure federal-rules-of-appellate-procedure federal-rules-of-civil-procedure habeas-corpus pro-se rule-59(e) successive-petition |
Whether Gonzalez v. Crosby extends to Rule 59(e) motions |