No. 19-5459

Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-08-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review civil-rights constitutional-rights criminal-procedure due-process fair-trial impartial-judge judicial-impartiality judicial-misconduct sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-13 (distributed 2 times)
Question Presented (from Petition)

1S 0 (§LiMiNal defendant Constftutfonaly entitle to a Fate Trial From ow Partial Sudae WHO TS NOT CORRUET to Preside and Cule aver his Trial Court Prosn: lke tal tour tht hos lee deere, concur

Q)TS a State Trial Cour as een deemed Cortue Ts CONSttubionaly entitle to o PresumPtion of Correciness $

3) Does a Criminal deferidanst havea fundamental constittut- tonal iat ond a \ilbect9 intrest to a Fore Proceed ind in the State /trial court 2

4) Does on indigent criminal defendant have o const Hubtoval CidhT to a meaningful Arceck aP eal in a State aPPellate Court 2

5) Js ON INdISeNT Ceirinal deFendantt Const tutional eNtitled to Know Who his Counsel 15 on dftect affeal » or IF hes beeing Tepresented on Airect aPPedl ly Counsel at all 2

() Hos an indigent Cf defendant beer darted bis sixth Amendment Constitutional ciaht to eFFective asses tance. OF Counsel on Arieck aPPeal » {Fa state aePorntted atte Counsel Foils To NOTIEY the defendant That Counsel has been arrontted oy the trial Court to ceéreserst the deferdantt ON direct aePeal > oe

7) Has an nga cieminal dendant been dened his Sasth amend Ment Constitu tonal Cant to effective 05575 tonce. of Counse| ON Atreck at eal TF Counsel Cfles an Inddeauate rel toa State afpellate court on behalf of the defendant and Never NOTEELES o¢ allow the defendant to even view the brier _ That 15 uP For feview 3 rc

8) Has 0 CCirrfiial defendant beer denied hts Sixth amendment Constitutional cfaht to effective assistance of Counsel ON Aicect aPCealr r€ With out NO eFendanT Akointed areellate Counse| ae 1554S IN te areellont Court ont belnal€ of the deferdont that were not, Preserved For ei and were there-fore warved For Ceview in the affellate Court 6

A On (decal habeas softs (eyiew 15 ede ishcet cant) "a Constitutionals (eLorced to "Look through" on ONEKPlai Stake Courts decision, to the last States Courts decision thet Provides o relevant tational when deciding i€ the aeFendarts claims are Proceducally barred, From Ceview on Wis 2454 Federal habeas Corfus writ 2

lOVON Federal habeas Coceus Ceview 150 Ceiminal deFardant's Cloris Proceducal barred if the last State court that €cOvided O Celevant Cattonal decision did not Clearly and . CKP(e5STY CeIY ON waiver 05 Ffounds For fedectiNg ANY asPect oF the defendant's chains, which he

Question Presented (AI Summary)

Whether a criminal defendant is constitutionally entitled to a fair trial from an impartial judge who is not corrupt to preside and rule over his trial court proceedings

Docket Entries

2019-12-16
Rehearing DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-04
Petition for Rehearing filed.
2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2019)
2019-05-09
Application (18A1155) granted by Justice Alito extending the time to file until July 19, 2019.
2019-04-29
Application (18A1155) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to July 19, 2019, submitted to Justice Alito.

Attorneys

Edward Carter
Edward Lee Carter — Petitioner