No. 18-8802

Eli Vernon, III, aka Eli Mims v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-04-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: counsel-objection criminal-procedure due-process duren-analysis duren-v-missouri equal-protection ineffective-assistance-of-counsel jury-selection peremptory-challenge peremptory-challenges strickland-standard strickland-v-washington systematic-exclusion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

DOES THE FIRST PRONG IN DUREN V MISSOURI, 439 U.S. 357, 364, 99 5.Ct.664, 668, 58 L.E.cf.2c1 579 (1979), IF MET ESTABLISH A SYSTEMATIC EXCLUSION FOR COUNSEL TO OBJECT?

DOES ALL PRONGS IN DUREN HAVE TO BE MET BEFORE COUNSEL NEEDS TO OBJECT? AND IF SO HOW CAN A DEFENDANT MEET PRONG 2 AND 3 WITHOUT ESTABLISHING PRONG 1 BY OBJECTING? AND WHEN THE STATE COURT AGREES THAT PRONG ONE IN DUREN HAS BEEN ESTABLISHED, SHOULDN'T PRONG 1 IN STRICKLAND BE ESTABLISHED?

IS THE DUREN V MISSOURI ANALYSIS BEING USED .BY TRIAL COURTS AS A GATEWAY FOR PROSECUTORS TO BYPASS THE BASTON V KENTUCKY ANALYSIS WHERE THIS COURT HELD THAT USING A PEREMPTORY CHALLENGE TO REMOVE A VENIRE PERSON BECAUSE OF RACE HAS BEEN DECLARED A VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE UNITED STATES CONSTITUTION?

Question Presented (AI Summary)

Does the first prong in Duren v Missouri establish a systematic exclusion for counsel to object?

Docket Entries

2019-10-07
Rehearing DENIED.
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-07-12
Petition for Rehearing filed.
2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)
2018-12-20
Application (18A647) granted by Justice Thomas extending the time to file until April 12, 2019.
2018-12-10
Application (18A647) to extend the time to file a petition for a writ of certiorari from February 11, 2019 to April 12, 2019, submitted to Justice Thomas.

Attorneys

Eli Vernon
Eli Vernon III — Petitioner