No. 19-6951

Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
IFP
Tags: 28-U.S.C-2244(d)(1)(D) coerced-plea coercion collateral-review federal-courts guilty-plea habeas habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence statutory-interpretation
Latest Conference: 2020-02-21
Question Presented (from Petition)

Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, John Nathan Strak, did not meet the requirements of 28 U.S.C. §2244(d)(1)(D), and, therefore, Ramirez's habeas claim that the guilty plea entered as to Count Two, paragraph B. of the indictment, was the result of coercion on the part of trial counsel, was time-barred.

Whether affidavit discovered in the course of initial collateral review containing new information regarding Ramirez's claim that the guilty plea entered as to Count Two, paragraph B. of the indictment, was the result of coercion constitutes newly discovered evidence under the guidelines of 28 U.S.C. §2244(d)(1)(D).

Question Presented (AI Summary)

Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, did not meet the requirements of 28-U.S.C-2244(d)(1)(D)

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Ruben Ramirez
Ruben Ramirez — Petitioner