No. 19-6482

Demetrius Dewayne Smith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-11-04
Status: Denied
Type: IFP
IFP
Tags: 2254-review 28-usc-2253 28-usc-2254 certificate-of-appealability death-penalty federal-habeas habeas-corpus subject-matter-jurisdiction
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2020-03-06
Question Presented (from Petition)

1. When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C. § 2254, and the State desires to appeal, does 28 U.S.C. § 2253(c)(1)(A) require the State to obtain a certificate of appealability in order for the court of appeals to have subject-matter jurisdiction?

2. Where all available record-based evidence categorically demonstrates a venireperson is not disqualified from serving as a juror in a capital case under this Court's line of cases commencing with Witherspoon v. Illinois, is a state court decision finding the venireperson to be Witherspoon-excludable solely on the basis of the trial court's "impression" of the juror objectively unreasonable within the meaning of 28 U.S.C. 2254(d)?

Question Presented (AI Summary)

When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.S.C. § 2254, and the State desires to appeal, does 28 U.S.C. § 2253(c)(1)(A) require the State to obtain a certificate of appealability in order for the court of appeals to have subject-matter jurisdiction?

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-17
Reply of petitioner Demetrius Smith filed.
2020-02-03
Brief of respondent Lorie Davis in opposition filed.
2019-12-27
Motion to extend the time to file a response is granted and the time is further extended to and including February 3, 2020.
2019-12-20
Motion to extend the time to file a response from January 3, 2020 to February 2, 2020, submitted to The Clerk.
2019-11-29
Motion to extend the time to file a response is granted and the time is 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
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2019)

Attorneys

Demetrius Smith
David R. Dow — Petitioner
Lorie Davis
Travis Golden BraggOffice of the Attorney General of Texas, Respondent