No. 18-6762

Edward Louis Thomas v. Texas

Lower Court: Texas
Docketed: 2018-11-20
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure cumulative-error due-process habeas-corpus harrington-v-richter hinton-v-alabama ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice standard-of-review strickland-standard strickland-v-washington
Latest Conference: 2019-01-18
Question Presented (from Petition)

DID THE TEXAS COURT OF CRIMINAL APPEALS APPLY THE WRONG STANDARD OF REVIEW IN ANALYZING THE CLAIM OF DEFICIENT PERFORMANCE BY TRIAL COUNSEL?

DID THE TEXAS COURT OF CRIMINAL APPEALS APPLY THE WRONG STANDARD OF REVIEW IN ANALYZING THE CLAIM OF PREJUDICE FROM COUNSEL'S DEFICIENT PERFORMANCE BY REQUIRING A SHOWING THAT ABSENT COUNSEL'S ERRORS THE TRIAL WOULD HAVE RESULTED IN AN ACQUITTAL?

DID THE TEXAS COURT OF CRIMINAL APPEALS MISINTERPRET THE SUPREME COURT'S HOLDINGS IN HARRINGTON V. RICHTER 131 S.CT. 770(2011) AND HINTON V. ALABAMA 134 S. CT. 1061 (2014) TO MODIFY THE OUTCOME-DETERMINATIVE PREJUDICE INQUIRY OF STRICKLAND V. WASHINGTON 455 U.S. 666(1984) LIMITING THE DIFFERENT RESULT PART OF THE INQUIRY TO AN ACQUITTAL IF THE DEFICIENT PERFORMANCE APPLIES TO THE GUILT PHASE OF THE TRIAL?

DID THE TEXAS COURT OF CRIMINAL APPEALS APPLY THE WRONG STANDARD OF REVIEW TO THE CLAIM OF PREJUDICE FROM COUNSEL'S DEFICIENT PERFORMANCE IN FAILING TO ASSESS THE CUMULATIVE EFFECT OF COUNSEL'S ERRORS?

Question Presented (AI Summary)

Whether the Texas Court of Criminal Appeals applied the wrong standard of review in analyzing the claims of deficient performance and prejudice by trial counsel

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)

Attorneys

Edward Louis Thomas
Edward Louis Thomas — Petitioner