No. 19-5409

Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-07-31
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search
Key Terms:
Securities
Latest Conference: 2019-12-13 (distributed 2 times)
Question Presented (from Petition)

(1) Did THE Actions of Miss County sheriffs Department violate the Constitutional and statutes RIGHTS of Lindsey the Fourth / Fifth/Sixth and Fourteenth Amendments to the SECTION OF THE TEXAS CONSTITUTION, UNITED STATES CONSTITUTION and UNDER ACT. 23 4 WAY OF TEXAS CODE OF "WARRENTLESS"

(2) WHETHER THE UNLAWFUL ENTRY INTO THE ROOM OF PETITIONER Voids Arrestand INNOCENCE OR WHETHER THE ADVICE OF TRIAL ATTORNEY PATRICK GETTINGER COERCED Petitioner To Plea GUILTY OF AGGRAVATED ASSAULT OFFER PLEA, WITH NO CAP. UNDER DURESS "COERCED"

(3) WHETHER COURTS LACKED EFFICIENT PERFORMANCE PREJUDICED Petitioner WHEN trial court JUDGE ORDERED the fact that the SUBPOENA WILL URGED THE DEFENCE CARRIED MOTION To SUPPRESS & COUNSEL CALLED To URGE or AFFIRM.

(4) WHETHER A BRADY VIOLATION EXIST UNDER STATE WITH HELD MATERIAL EVIDENCE THAT PETITIONER WAS ARRESTED WITHOUT WARRANT IN VIOLATION OF Fourteenth AMENDMENT.

(5) WHETHER THAT WAS A CONFLICT OF INTEREST OF APPEAL COURT

(6) WHETHER Court of criminal APPEAL's Denial of state writ HABEAS EITHER CONTRARY TO OR UNREASONABLE APPLICATION OF CLEARLY ESTABLISHED FEDERAL LAW, AS DECIDED BY THE SUPREME COURT, OR THAT the STATE COURTS UNREASONABLY DETERMINED THE FACTS OF THE CASE. See 28 U.S.C. §2254 (d)(1)(C)

Question Presented (AI Summary)

Whether the actions of Nawis County Sheriff's Department violate the constitutional and statutory rights of petitioner Brady A. Daniel under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article 1 Section 9 of the Texas Constitution, and under Art. 38.23 of the Texas Code of Criminal Procedure

Docket Entries

2019-12-16
Rehearing DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-10-19
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)

Attorneys

Brady Daniel
Brady Daniel — Petitioner