No. 18-5289

Stephen Dale Barbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-07-20
Status: Denied
Type: IFP
IFP
Tags: client-autonomy ineffective-assistance-of-counsel ineffective-counsel mccoy-v-louisiana post-conviction prejudice prejudice-standard sixth-amendment strickland-v-washington structural-error
Latest Conference: 2018-11-16
Question Presented (from Petition)

1. Did the Fifth Circuit impose an improper ineffective-assistance-of-counsel standard, which required him to show prejudice, to Barbee's claim that his Sixth Amendment rights were violated by the unauthorized confession of guilt to his jury by his trial counsel?

2. Whether structural error, raised in post-conviction proceedings, requires a showing of prejudice?

Question Presented (AI Summary)

Did the Fifth Circuit impose an improper ineffective-assistance-of-counsel standard, which required him to show prejudice, to Barbee's claim that his Sixth Amendment rights were violated by the unauthorized confession of guilt to his jury by his trial counsel?

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-26
Reply of petitioner Stephen Dale Barbee filed.
2018-10-19
Brief of respondent Davis, Dir., TX DCJ in opposition filed.
2018-09-14
Motion to extend the time to file a response is granted and the time is further extended to and including October 19, 2018.
2018-09-13
Motion to extend the time to file a response from September 19, 2018 to October 19, 2018, submitted to The Clerk.
2018-08-16
Motion to extend the time to file a response is granted and the time is extended to and including September 19, 2018.
2018-08-14
Motion to extend the time to file a response from August 20, 2018 to September 19, 2018, submitted to The Clerk.
2018-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)
2018-06-04
Application (17A1335) granted by Justice Alito extending the time to file until July 19, 2018.
2018-05-29
Application (17A1335) to extend the time to file a petition for a writ of certiorari from June 19, 2018 to July 19, 2018, submitted to Justice Alito.

Attorneys

Davis, Dir., TX DCJ
Matthew Dennis OttowayAssistant Attorney General, Respondent
Stephen Dale Barbee
Allen Richard Ellis — Petitioner