No. 18-6086

In Re Daniel Clate Acker

Lower Court: N/A
Docketed: 2018-09-24
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment actual-innocence constitutional-claims death-penalty due-process eighth-amendment false-evidence habeas-corpus new-evidence state-liability state-repudiation wrongful-conviction
Latest Conference: N/A
Question Presented (from Petition)

Whether an original writ of habeas corpus is appropriate in the case of a death-sentenced individual who was convicted and sentenced to death on a theory of liability that has been proved false, is repudiated by the State, and was never presented to the jury?

Question Presented (AI Summary)

Whether an original writ of habeas corpus is appropriate in the case of a death-sentenced individual who was convicted and sentenced to death on a theory of liability that has been proven false, is repudiated by the State, and was never presented to the jury?

Docket Entries

2018-09-27
Application (18A311) referred to the Court.
2018-09-27
Petition DENIED.
2018-09-27
Application (18A311) denied by the Court.
2018-09-26
Reply of petitioner Daniel C. Acker filed.
2018-09-25
Brief of respondent Texas in opposition filed.
2018-09-24
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
2018-09-24
Application (18A311) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Daniel Acker
Allen Richard EllisLaw Office of A. Richard Ellis, Petitioner
Offie of the Attorney General - State of Texas
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent