No. 18-8141

Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-02-26
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel
Latest Conference: 2019-04-26
Question Presented (from Petition)

1 - HAS TRIAL COUNSEL INEFFECTIVE FOR NOT CALLING ALIPI WITNESS?

P. WAS TRIAL COUNSEL INEFFECTIVE FOR VIOLATING PETITIONERS OLIE PROSSEE OF LAW PUY NOT ORJECTING TO THE STATE FOR AMENDING THE ENHANCEMENT ON THE DAY OF TRIAL, WITHOUT GIVING THE PETITIONER THE 10, TEN DAYS RPUIREOLRY LAW TO PREPARE FOR TRIAL.

L. WAS TRIAL COLINSEL INEFFECTIVE FOR WITH HOLDING EVIDENCE FROM TRIAL THAT WOULD HAVE CHANGED THE OUT COME "EVIDENCE AFFIDAVIT STONED PEFORE P JUDGE OF SOMEONE OTHER THAN THE PETITIONER THAT COMMITTED THE CRIME.

• DID THE, PROCUTOP VIOLATE THE PETITIONERS RIGHTS TO A FAIR TRIAL Y NOT GIVING THE PETITIONER THE 10 TEN DAYS REOUIRED SY LAW AND DUE PROSSES OF LAW TO PREPARE FOR TRIAL. •

5. DID THE COURt FOR THE WESTERN DISTRICT APUSE ITS DISCRETION OK DISMISSING THE PETITIONERS SUPPLEMENTAL PRIEF ON PETITION TO AMEND AND ADOPT WITH NEW RELIARLE EVIDENCE "AFFIDAVIT SIGNED RY TRIAL COUNSEL THAT SHE HAD THE EVIDENCE"

S. HAS THE PETITIONER INTITAL TO ODUOLE JEOPARDY ti]HENI STATE GAVE TWO SENTENCES STACKED RUT UNDER ONE CAUSE NO: WITH NO SEPERATE EVIDENCE SAME ELEMENTS AND SAME COUNTS AND CHARGES FAILUER TO MERGE TWO SENTENCES TOGEATHER AS ONE UNDER CRIMINAL EPISODE.

Question Presented (AI Summary)

Was trial counsel ineffective for not calling an alibi witness?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2019)

Attorneys

Brian Taylor
Brian Taylor — Petitioner