No. 18-9134

Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-05-03
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-12-13 (distributed 2 times)
Question Presented (from Petition)

I. WHY WAS THE MEDICAL RECORDS NEVER INTRODUCED INTO EVIDENCE?

2. WHY WAS PETITIONER DENIED EFFECTIVE ASSIST. OF COUNSEL? A VIOLATION OF SIXTH AMENDMENT RIGHT

3. WHY WASNT C.P.S RECORDS ENTERED INTO EVIDENCE?

4. WHY WASNT C.P.S SOCIAL WORKER BRUNG IN TO TESTIFY FOR DEFENSE

5. WHY NO OBJECTIONS BY DEFENSE. (PLAIN ERROR)

6. WHETHER THE AMENDING THE INDICTMENT WITHOUT GOING TO GRAND JURY, VIOLATED PETITIONERS DUE PROCESS RIGHT. PROTECTED BY THE 5th 14th U.S. CONST. AMENDMENT

7. WHY THE LESSOR INCLUDED OFFENCE" WITH THE SAME ELEMENTS OF CHARGE. "DOUBLE JEOPARDY

8. WHETHER TRIAL ATTORNEY PUT ON A DEFENSE.

9. WHETHER MS BLAKES TALKS WITH ASHLEY MOTIVATED HER TO MAKE FALSE ALLEGATIONS AND OUTCRY.

10. WHETHER THE BACK CHILD SUPPORT OWED BY MS. RICHEY PLAYED A BIG PART IN THE FABRICATED STORY OF SEXUAL ASSAULT.

11. WHETHER A BRADY VIOLATION OCCURED. (GOVERNMENTS PRESERVATION DUTIES)

12. WHETHER A PLEA OF NOLO CONTENDERE "ADVISED BY COUNSEL WITH THE PRESUMTION OF DEFERRED PROBATION WAS ACTUALLY HELPFUL STRATEGY FOR DEFENSE, WHEN PETITIONER IS INNOCENCE AND A JURY TRIAL ALONG WITH MEDICAL EXAMS AND RECORDS THAT CONTRADICTS THESE ALLEGATIONS WOULD PROVE HIS INNOCENCE.

13. WHETHER GOVERNMENT /STATE FAILED TO MEET ITS BURDEN OF PROOF CONCERNING THE ELEMENTS IN THIS CASE.

14. WHETHER CREDIBLE AND COMPELLING EVIDENCE WAS CALLED INTO SERIOUS DOUBT EVIDENCE LINKING PETITIONER TO CRIME

Question Presented (AI Summary)

Whether the medical records were improperly excluded from evidence

Docket Entries

2019-12-16
Rehearing DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-10-22
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2018-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

Joe Clopton
Joe Clopton — Petitioner