No. 19-6987
Darrell Wayne Bell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP
Tags: 5th-circuit actual-innocence certificate-of-appealability circuit-court-conflict habeas habeas-corpus judicial-precedent merits-analysis newly-discovered-evidence shulp-v-delo
Latest Conference:
2020-02-21
Question Presented (from Petition)
QUESTION ONE:
Did the 5th Circuit Court of Appeals exceed the limited scope of the
Certificate of Appealability (COA) standard using a merits analysis to
denying Petitioner's C.O.A.?
QUESTION TWO:
Is this Court's precedent in Shulp v. Delo diminished by the conflict of the
Circuit Court's in determining what constitute's "Newly Discovered Evidence",
to warrant habeas relief in actual innocence cases under Shulp?
Question Presented (AI Summary)
Did the 5th Circuit Court of Appeals exceed the limited scope of the Certificate of Appealability (COA) standard using a merits analysis to deny Petitioner's C.O.A.?
Docket Entries
2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)
2019-09-18
Application (19A316) granted by Justice Alito extending the time to file until November 23, 2019.
2019-09-09
Application (19A316) to extend the time to file a petition for a writ of certiorari from September 24, 2019 to November 23, 2019, submitted to Justice Alito.
Attorneys
Darrell W. Bell
Darrell Wayne Bell — Petitioner