No. 18-6471

Anthony Cardell Haynes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-10-29
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process extraordinary-circumstances fifth-circuit-review finality gonzalez-v-crosby habeas-corpus ineffective-assistance-of-counsel martinez merits-review rule-60(b) rule-60b strickland substantiality trevino-standard
Latest Conference: 2019-01-11
Question Presented (from Petition)

1. Did the Fifth Circuit majority err in finding that there were no "extraordinary circumstances" and that the claim was not sufficiently "substantial" to warrant relief under Rule 60(b)(6)?

2. Did the Fifth Circuit majority err in holding that Haynes' claim had been considered on the merits and that the district court's "facial review" was sufficient when the underlying facts of the claim were not considered and there was no real merits review?

3. Did the Fifth Circuit majority contravene Gonzalez v. Crosby, 545 U.S. 524 (2005) and Buck v. Davis, 137 S. Ct. 759 (2017) in holding that "finality" is a determinative factor in the context of Rule 60(b), and did it err in holding that the claim was merely a "substitute for appeal" when it could not have been brought on appeal?

Question Presented (AI Summary)

Whether the Fifth Circuit erred in finding no 'extraordinary circumstances' and that the ineffective-assistance-of-trial-counsel claim was not 'substantial' under Rule 60(b)(6)

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Reply of petitioner Anthony Haynes filed. (Distributed)
2018-12-17
Brief of respondent Lorie Davis in opposition filed.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2018.
2018-11-19
Motion to extend the time to file a response from November 28, 2018 to December 28, 2018, submitted to The Clerk.
2018-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)
2018-08-30
Application (18A221) granted by Justice Alito extending the time to file until October 18, 2018.
2018-08-14
Application (18A221) to extend the time to file a petition for a writ of certiorari from September 18, 2018 to October 18, 2018, submitted to Justice Alito.

Attorneys

Anthony Haynes
Allen Richard Ellis — Petitioner
Lorie Davis
Stephen Matthew HoffmanOffice of the Attorney General, Respondent