No. 19-8392

Juan Balderas v. Texas

Lower Court: Texas
Docketed: 2020-05-04
Status: Denied
Type: IFP
IFP
Tags: brady-violation capital-punishment constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance post-conviction state-procedures
Key Terms:
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (from Petition)

In a death penalty case, where a state provides a post-conviction procedure for challenging the unresolved constitutional violations that occurred at a capital trial, and where the state court violated mandatory state procedures and denied habeas relief on the merits for failing to present sufficient evidence, after having prevented an applicant from having presented evidence, do minimal due process protections of having the opportunity to present evidence and challenge adverse evidence apply?

Question Presented (AI Summary)

In a death penalty case, where a state provides a post-conviction procedure for challenging the unresolved constitutional violations that occurred at a capital trial, and where the state court violated mandatory state procedures and denied habeas relief on the merits for failing to present sufficient evidence, after having prevented an applicant from having presented evidence, do minimal due process protections of having the opportunity to present evidence and challenge adverse evidence apply?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-30
Reply of petitioner Juan Balderas filed. (Distributed)
2020-07-16
Brief of respondent Texas in opposition filed.
2020-06-02
Motion to extend the time to file a response is granted and the time is extended to and including July 20, 2020.
2020-06-01
Motion to extend the time to file a response from June 3, 2020 to July 20, 2020, submitted to The Clerk.
2020-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2020)

Attorneys

Juan Balderas
Benjamin WolffOffice of Capital and Forensic Writs, Petitioner
Texas
Tomee Morgan HeiningOffice of the Attorney General, Respondent