No. 19-882

Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-01-16
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment
Latest Conference: 2020-02-21
Question Presented (from Petition)

I.
Whether petitioner's trial counsel was ineffective at the guilt-innocence stage, in violation of the Sixth Amendment, in failing to request jury instructions on lesser-included offenses that were strongly supported by the trial evidence and would have significantly reduced petitioner's punishment exposure, and without consulting him on the matter.

II.
Whether the Fifth Circuit has ignored this Court's directive on how to apply the COA standard of review and erred in summarily denying a COA in a single-judge order, particularly when two judges on Texas' highest court would have granted relief on petitioner's constitutional claim.

Question Presented (AI Summary)

Whether petitioner's trial counsel was ineffective

Docket Entries

2020-02-24
Petition DENIED.
2020-01-29
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondent Lorie Davis to respond filed.
2020-01-14
Petition for a writ of certiorari filed. (Response due February 18, 2020)
2019-12-11
The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete.
2019-12-03
Record requested from the U.S.C.A. 11th Circuit.

Attorneys

Lorie Davis
Joseph Peter CorcoranOffice of the Attorney General of Texas, Respondent
Shannon Dale Dukes
Josh Barrett SchafferSchaffer Law Offices, Petitioner