No. 19-5679

Maria Aide Delgado v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence burden-of-proof certificate-of-appealability due-process fifth-circuit-court habeas-corpus habeas-corpus-review-standard-of-proof ineffective-assistance-of-counsel post-conviction-review procedural-default schlup-standard standard-of-review
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether there is a sufficient likelihood that rational jurors would have credited the post conviction evidence and, as a result, would have voted to convict notwithstanding the petitioner's new supplemented evidence of innocence, pursuant to this Court's holdings in Schlup v. Delo, 513 US 298, 329-330 (1995); House v. Bell, 547 U.S. 518; Murray v. Carrier, 477 U.S. 478, 496 (1986); McQuiggin v. Perkins, 569 U.S. 383 (2013).

Whether the Fifth Circuit Court of Appeal deny a Certificate of Probable Cause ("C.O.A."), for review of Ineffective Assistance of Trial Counsel by placing too heavy a burden on the Petitioner at the C.O.A. stage conflicting with this Court's holding in Buck v. Davis, 580 U.S. __, 137 S Ct 759, 197 L Ed 2d 1 (2017).

Question Presented (AI Summary)

Whether there is a sufficient likelihood that rational jurors would have credited the post-conviction evidence and, as a result, would have voted to convict notwithstanding the petitioner's new supplemented evidence of innocence, pursuant to this Court's holdings in Schlup v. Delo, 513 U.S. 298, 329-330 (1995); House v. Bell, 547 U.S. 518; Murray v. Carrier, 477 U.S. 478, 496 (1986); McQuigein v. Perkins, 569 U.S. 383 (2013)

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-03
Waiver of right of respondent United States to respond filed.
2019-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Maria Aide Delgado
Maria Aide Delgado — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent