No. 19-5824

William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-09-04
Status: Denied
Type: IFP
IFP
Tags: 5th-circuit appellate-review certificate-of-appealability deadly-weapon due-process habeas-corpus habeas-relief habeas-relief-review ineffective-assistance-of-counsel procedural-default
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2019-11-01
Question Presented (from Petition)

Did the U.S. Court of Appeals for the Fifth Ciruit err in it's ! .
denial of a certificate of appealability to review the U.S.
District Court's denial of habeus relief for the petitionerappellant?
statute regarding "deadly weapons" 2. Does the State of Texas
and it's application in criminal prosecutions violate Due
Process allowing arbitrary prosecutions?
3. Are a person's bare hands legally sufficient "deadly weapons"?
h .UJhat is the threshold for deficient counsel to overcome a pro
cedural default precluding review of the merits in claims
seeking habeus relief?
5. Can appellate courts review claims not expressly stated in ori
ginal petitions for habeus relief that are closely related to
claims contained in the original petition?

Question Presented (AI Summary)

Did the U.S. Court of Appeals for the Fifth Circuit err in its denial of a certificate of appealability to review the U.S. District Court's denial of habeas relief for the petitioner-appellant?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
2019-06-05
Application (18A1270) granted by Justice Alito extending the time to file until September 6, 2019.
2019-05-29
Application (18A1270) to extend the time to file a petition for a writ of certiorari from July 8, 2019 to September 6, 2019, submitted to Justice Alito.

Attorneys

William Kennedy
William Alan Kennedy — Petitioner