No. 18-6685

Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-15
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-11
Question Presented (from Petition)

Under the Antiterrorism and Effective Death Penalty Act, Can and individual Overcome this limitation, Under the Miscarriage of Justice Exception, By Shoming he was Denicd his Constitutional Right to be present at his own trial. Due to +he fact, The individual was Very sick and hospitalizied and the trial continued withont his prestnce The individdul did not Voluntarily absent himstlf from +he trial

Question Presented (AI Summary)

Whether an individual can overcome the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 by showing he was denied his constitutional right to be present at his own trial due to being very sick and hospitalized, where he did not voluntarily absent himself from the trial

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2018)

Attorneys

Bruce Merryman
Bruce Merryman — Petitioner