No. 19-5290

Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-07-23
Status: Denied
Type: IFP
IFP
Tags: appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review
Latest Conference: 2019-10-01
Question Presented (from Petition)

Where deference is the only issue singled out by a Court of Appeals as the only question as to debatability, and that specific deference goes directly to a trial court's factual finding that requires a credibility determination concerning an attorney's provision of a favorable plea offer, does a court of appeals err by finding the said deference not debatable when there is cold, hard attorney's credibility, or any deference to it, not only unreasonable and debatable and uncontroverted evidence that would make the but completely impossible in this space and time continuum?

Question Presented (AI Summary)

Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was not debatable, despite uncontroverted evidence that would make the attorney's credibility, or any deference to it, completely impossible

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)

Attorneys

Ryan Mason
Ryan Keith Mason — Petitioner