No. 18-7637

Fidencio Valdez v. Texas

Lower Court: Texas
Docketed: 2019-01-29
Status: Denied
Type: IFP
IFP
Tags: capital-case capital-case-review-habeas-corpus-due-process-equa criminal-procedure due-process equal-protection habeas-corpus mccoy-claim mccoy-v-louisiana standing texas-code-of-criminal-procedure texas-law
Latest Conference: 2019-03-29
Question Presented (from Petition)

Whether the Court of Criminal Appeals of Texas misapplied this Court's decision in McCoy v. Louisiana, 584 U.S. _ (No. 16-8255; May 14, 2018): by determining that the legal basis for Petitioner's McCoy claim was available before McCoy, although Petitioner could not have raised the McCoy claim in his initial habeas application, and nothing in McCoy requires that the supporting facts must appear in the record of trial.

Texas' Code of Criminal Procedure Article 11.071 § 5(a) denies due process of law to Texas habeas corpus applicants under a sentence of death.

Whether Texas' Code of Criminal Procedure Article 11.071 § 5(a) denies equal protection of law to Texas habeas corpus applicants under a sentence of death.

Question Presented (AI Summary)

Whether the Court of Criminal Appeals of Texas misapplied this Court's decision in McCoy v. Louisiana

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-11
Reply of petitioner Fidencio Valdez filed. (Distributed)
2019-02-26
Brief of respondent The State of Texas in opposition filed.
2019-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)

Attorneys

Fidencio Valdez
David A. Schulman — Petitioner
The State of Texas
Lily Maria StroudEl Paso District Attorney's Office, Respondent