No. 19-6181

Mark Robertson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus investigation judicial-review meaningful-representation representation representation-services sixth-amendment statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

(1) Did the district court deny Mr. Robertson the meaningful representation informed by investigation to prepare a habeas corpus application to which he is entitled under 18 U.S.C. § 3599?

(2) Would a reasonable lawyer representing a death-sentenced prisoner pursue an investigation of a "bedrock" Sixth Amendment claim under the totality of the circumstances of this case?

(3) Was the Sixth Amendment claim identified by counsel representing the petitioner a "plausible" one within the meaning of Ayestas v. Davis, 138 S. Ct. 1080 (2018)?

(4) Does an attempt to amend a habeas corpus application following an appellate court's reversal and remand for further proceedings related to the provision of representation by the district court on the initial application constitute a second or successive habeas corpus application under 28 U.S.C. § 2244(b)?

Question Presented (AI Summary)

Did the district court deny Mr. Robertson the meaningful representation informed by investigation to prepare a habeas corpus application to which he is entitled under 18 U.S.C. § 3599?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Reply of petitioner Mark Robertson filed.
2019-11-06
Brief of respondent Lorie Davis in opposition filed.
2019-10-07
Motion (19M9) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2019-07-10
MOTION (19M9) DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Motion (19M9) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2019-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)

Attorneys

Lorie Davis
Gwendolyn Suzanne VindellTexas Attorney General's Office, Respondent
Mark Robertson
Jeremy SchepersOffice of the Federal Public Defender, Petitioner