No. 18-7943

Robert David Watson v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability collateral-review luis-v-united-states new-rule retroactivity section-2255 supreme-court-rule teague-analysis teague-v-lane
Latest Conference: 2019-03-22
Question Presented (from Petition)

Whether Luis v. United States, 136 S. Ct. 1083 (2016) is retroactively applicable to cases on collateral review?

Whether under Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) a petitioner for a certificate of appealability (COA) makes a sufficient showing that reasonable jurists could debate or agree that the issue at hand should have been relvd. in a different manner or that the issues presented were adequate to deserve encouragement to proceed further; when a new pronouncement by the Supreme Court is urged to be retroactive and applicable to collateral review under Teague v. Lane, 489 U.S. 288 (1989)?

Whether an explicit announcement of retroactivity by the Supreme Court is required under 28 U.S.C. § 2255(f)(3) or whether Teague v. Lane, 489 U.S. 288 (1989) and its progeny define and determine when a new rule announced by the Supreme Court is retroactively applicable to collateral review?

Question Presented (AI Summary)

Whether Luis v. United States is retroactively applicable to cases on collateral review

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2018-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2019)

Attorneys

Robert David Watson
Robert David Watson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent