No. 18-5270
Steven Lynn Deem v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP
Tags: abuse-of-discretion actual-innocence certificate-of-appealability due-process federal-courts habeas-corpus ineffective-assistance-of-counsel jurists-of-reason merits-hearing procedural-standard self-representation
Latest Conference:
2018-09-24
Question Presented (from Petition)
Did the Fifth Court of Appeals abuse it's discretion when it denied the Petitioner's motion for a certificate of appealability (COA) because Deem failed to demonstrate that jurists of reason could conclude the issues presented are adequate to deserve encouragement to proceed further?
Does an actual innocence "claim" have to be proven before a COA will issue, or is the "claim" itself enough to entitle the Petitioner to a hearing on the merits of that claim?
Question Presented (AI Summary)
Whether the Fifth Circuit abused its discretion in denying a certificate of appealability on petitioner's actual-innocence claim
Docket Entries
2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)
Attorneys
Steven Deem
Steven Deem — Petitioner