No. 18-8214
Charles D. Raby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Amici (1)IFP
Tags: circuit-split civil-procedure-rule-60b6 civil-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan martinez-v-trevino post-conviction-review postconviction-counsel procedural-default rule-60(b)(6) trevino-v-thaler
Latest Conference:
2019-06-06
Question Presented (from Petition)
1. Must a court categorically deny a Rule 60(b)(6) motion premised on the change in decisional law produced by Martinez ?
2. If the Court declines to grant plenary review, should the Court summarily reverse the Fifth Circuit's denial of a Certificate of Appealability to allow for full briefing and argument on the proper treatment of Raby's Rule 60(b)(6) motion premised on Martinez ?
Question Presented (AI Summary)
Whether a court must categorically deny a Rule 60(b)(6) motion premised on the change in decisional law produced by Martinez v. Ryan
Docket Entries
2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-07-05
Petition for Rehearing filed.
2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-17
Reply of petitioner Charles D. Raby filed.
2019-05-03
Brief of respondent Lorie Davis in opposition filed.
2019-04-03
Brief amicus curiae of University of Texas Capital Punishment Center filed.
2019-03-28
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2019.
2019-03-26
Motion to extend the time to file a response from April 3, 2019 to May 3, 2019, submitted to The Clerk.
2019-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2019)
2019-01-17
Application (18A736) granted by Justice Alito extending the time to file until February 28, 2019.
2019-01-11
Application (18A736) to extend the time to file a petition for a writ of certiorari from January 29, 2019 to February 28, 2019, submitted to Justice Alito.
Attorneys
Charles D. Raby
Sarah Mary Frazier — Law Office of Sarah Frazier, PLLC, Petitioner
Lorie Davis
University of Texas Capital Punishment Center