No. 18-5597
David E. Miller v. Tony Mays, Warden
IFP
Tags: buck-v-davis capital-punishment civil-rights due-process federal-civil-procedure ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-v-ryan rule-60b6 trevino-v-thaler
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2018-11-16
Question Presented (from Petition)
Under Buell v. Davis, does the change in law announced in Martinez and Trevino, when coupled with a particularly substantial deprivation of a capital defendant's right to the effective assistance of counsel, establish grounds for relief under Fed. R. Civ. P. 60(b)(6)?
Question Presented (AI Summary)
Whether the change in law announced in Martinez and Trevino, when coupled with a particularly substantial deprivation of a capital defendant's right to the effective assistance of counsel, establishes grounds for relief under Fed. R. Civ. P. 60(b)(6)
Docket Entries
2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-11-01
Reply of petitioner David E. Miller filed. (Distributed)
2018-10-18
Motion to extend the time to file a response is granted and the time is further extended to and including October 18, 2018.
2018-10-18
Brief of respondent Tony Mays in opposition filed.
2018-10-15
Motion to extend the time to file a response from October 15, 2018 to October 18, 2018, submitted to The Clerk.
2018-09-21
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2018.
2018-09-17
Motion to extend the time to file a response from September 14, 2018 to October 15, 2018, submitted to The Clerk.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2018)
2018-06-04
Application (17A1342) granted by Justice Kagan extending the time to file until August 11, 2018.
2018-05-31
Application (17A1342) to extend the time to file a petition for a writ of certiorari from June 12, 2018 to August 11, 2018, submitted to Justice Kagan.
Attorneys
David E. Miller
Tony Mays
Jennifer L. Smith — Respondent