No. 19-5820

Charles D. Raby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-09-05
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 circuit-court-jurisdiction circuit-split habeas-corpus newly-discovered-evidence prima-facie-showing reasonable-juror standard-of-review statutory-interpretation successive-petition
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. Whether 28 U.S.C. § 2244(b)(3)(C) permits a court of appeals, when ruling on a motion for authorization to file a successive habeas petition based on newly discovered evidence, to reach fact issues raised by that evidence.

2. Whether a movant seeking authorization from the court of appeals to file a successive habeas application under 28 U.S.C. § 2244(b)(3) based on newly discovered evidence must establish that, had that evidence been available at trial, no reasonable juror would have voted to convict.

3. Whether a court of appeals has jurisdiction to usurp the district court's statutory responsibility for resolving, in the first instance, whether a petitioner has shown he is authorized to pursue habeas corpus relief in a successive habeas corpus proceeding, or whether the jurisdiction of the court of appeals is limited to its statutory role of determining whether there is a prima facie case for such relief.

Question Presented (AI Summary)

Whether a court of appeals can reach fact issues when ruling on a motion for authorization to file a successive habeas petition based on newly discovered evidence

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-10
Reply of petitioner Charles Raby filed.
2019-11-26
Brief of respondent Lorie Davis, Director, TDCJ-CID in opposition filed.
2019-11-01
Motion to extend the time to file a response is granted and the time is further extended to and including November 27, 2019.
2019-10-30
Motion to extend the time to file a response from November 6, 2019 to November 27, 2019, submitted to The Clerk.
2019-09-16
Motion to extend the time to file a response is granted and the time is extended to and including November 6, 2019.
2019-09-11
Motion to extend the time to file a response from October 7, 2019 to November 6, 2019, submitted to The Clerk.
2019-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.

Attorneys

Charles Raby
Sarah Mary FrazierLaw Office of Sarah Frazier, PLLC, Petitioner
Lorie Davis, Director, TDCJ-CID
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent