No. 18-8242

Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-03-04
Status: Denied
Type: IFP
IFP
Tags: civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim
Latest Conference: 2019-05-09
Question Presented (from Petition)

Did The United States Court of Appeals Fifth Circuit abuse its discretion in Denying Certificate of Appealability of the denial of the Amendment of the United States Constitution, and did the Court not body the Modified statement in Case law that unqualified attorneys ignorance or inadvertence in a postconviction proceeding does not excuse a procedural default, and When a state adjudication limits the Claim of ineffective assistance of Counsel Collateral review, may a prisoner establish a procedural default Cause, and did the state Court not appoint Counsel in the initial Proceeding or appealed that Proceeding?

Under the ineffective Counsel in that Proceeding was appointed the Underlyings Claim Strickland standards and which is to substantial one is a Claim that the same has that the Claim say Davis Merits?

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Fifth Circuit abused its discretion in denying a certificate of appealability on the denial of the Sixth Amendment right to effective assistance of counsel claim when state law limits the adjudication of such claims to collateral review

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2019)

Attorneys

Jody F. McCreary
Jody Ford McCreary — Petitioner