No. 21-225

Ashley Mere Howard v. Texas

Lower Court: Texas
Docketed: 2021-08-16
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

I. Does the state court's decision that petitioner cannot challenge her murder conviction based on her original counsel's failure to inform her of the difference in parole eligibility between a theft sentence and a murder sentence before she withdrew her guilty plea to theft conflict with Lafler v. Cooper, 566 U.S. 166 (2012)?

II. Did the state courts deny petitioner procedural due process by rejecting her ineffective assistance of counsel claim based on conflicting affidavits without conducting an evidentiary hearing—particularly when the state habeas trial judge that made the credibility determinations did not preside at the proceedings in the theft case or at the felony murder trial?

Question Presented (AI Summary)

Whether the state court's decision conflicts with Lafler v. Cooper

Docket Entries

2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2022-01-13
Reply of petitioner Ashley Mere Howard filed. (Distributed)
2022-01-03
Brief of respondent Texas in opposition filed.
2021-11-24
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2022.
2021-11-23
Motion to extend the time to file a response from December 1, 2021 to December 31, 2021, submitted to The Clerk.
2021-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2021.
2021-10-25
Motion to extend the time to file a response from November 1, 2021 to December 1, 2021, submitted to The Clerk.
2021-09-30
Response Requested. (Due November 1, 2021)
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-08-11
Petition for a writ of certiorari filed. (Response due September 15, 2021)

Attorneys

Ashley Mere Howard
Randolph L. Schaffer Jr.Randy Schaffer, P.C., Petitioner
Texas
Craig William CosperTexas Attorney General's Office, Respondent