No. 20-5426

David Moss v. Texas

Lower Court: Texas
Docketed: 2020-08-20
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance retroactive-application retroactivity strickland-standard strickland-v-washington texas-code-of-criminal-procedure
Latest Conference: 2020-10-16
Question Presented (from Petition)

AState Court of last resort decided an- important question of law
in a way that conflicts with relevant decisions of this court.
This court decided Lafler V Cooper, in March of 2012, following the
filing of my initial habeas application. An application for writ of
Habeas Corpus was filed challenging this error that occurred in
this case but was dismissed, because it was not presented in the
initial application, recently in Chaidez \I United States, was
decided by this court inwhich it was stated that this tafler V.
Coopery did apply retroactive because it was simply a garden-varity
of Strickland \l Washington, which now brings the following question;
Whether or not the Court of sCriminal^Appeals^decisions was .contrary
to a decision by the Texas Code of Criminal Procedure, also by
this court court court on the review of a rule the did not exist
Also was the court's at the time of an initial application ?
decision contrary to clearly extablished law.

Question Presented (AI Summary)

Whether the state court's decision was contrary to this Court's decision in Lafler v. Cooper and Chaidez v. United States, and whether the court's decision was contrary to clearly established federal law

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

David Moss
David L. Moss — Petitioner