No. 19-6156

Randy Ethan Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-10-03
Status: Denied
Type: IFP
Relisted (6)IFP
Tags: abuse-of-the-writ aedpa anti-semitism capital-punishment constitutional-claim due-process federal-procedure habeas-corpus judicial-bias racial-discrimination recusal second-or-successive-petition
Key Terms:
ERISA DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2020-04-03 (distributed 6 times)
Question Presented (from Petition)

Whether Halprin's second federal petition raising a judicial bias claim is "second or successive" under 28 U.S.C. § 2244(b)(2) if the judge concealed his bias by failing to recuse himself, and the public exposure of his bigotry after the conclusion of Halprin's initial habeas proceedings in the district court created Halprin's first fair opportunity to present his claim?

Question Presented (AI Summary)

Whether Halprin's second federal petition raising a judicial bias claim is 'second or successive' under 28 U.S.C. § 2244(b)(2) if the judge concealed his bias by failing to recuse himself, and the public exposure of his bigotry after the conclusion of Halprin's initial habeas proceedings in the district court created Halprin's first fair opportunity to present his claim?

Docket Entries

2020-04-06
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-6156_7m48.pdf'>Opinion</a>)
2020-03-30
DISTRIBUTED for Conference of 4/3/2020.
2020-03-23
DISTRIBUTED for Conference of 3/27/2020.
2020-03-16
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
DISTRIBUTED for Conference of 3/6/2020.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Reply of petitioner Randy Halprin filed.
2020-01-03
Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Institutions Division in opposition to petition for a writ of certiorari and application (19A377) for a stay of execution filed.
2019-11-29
Motion to extend the time to file a response is granted and the time is further extended to and including January 3, 2020.
2019-11-26
Motion to extend the time to file a response from December 4, 2019 to January 3, 2020, submitted to The Clerk.
2019-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2019.
2019-10-29
Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
2019-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)
2019-10-03
Application (19A377) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Lorie Davis, Director, Texas Department of Criminal Justice, Institutions Division
Jennifer Wren MorrisTexas Attorney General's Office, Respondent
Randy Halprin
Tivon SchardlFederal Defender, Capital Habeas Unit, Western District of Texas, Petitioner