No. 21-5093

Stephen Dale Barbee v. Texas

Lower Court: Texas
Docketed: 2021-07-15
Status: Denied
Type: IFP
IFP
Tags: autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel
Key Terms:
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

1) Whether the sate court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law because it holds that the Sixth Amendment autonomy right recognized in McCoy was a "logical extension" of the Sixth Amendment right to effective assistance of counsel at issue in Florida v. Nixon ?

2) Whether the state court's holding that Petitioner failed to make a prima facie case under McCoy violates core Sixth Amendment principles where there is no dispute that the individual insisted to his counsel that he is innocent but counsel nevertheless conceded his guilt?

Question Presented (AI Summary)

Whether the state court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-18
Reply of petitioner Stephen Dale Barbee filed. (Distributed)
2021-08-04
Brief of respondent Texas in opposition filed.
2021-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Stephen Dale Barbee
Allen Richard EllisLaw Office of A. Richard Ellis, Petitioner
Texas
Steven Waller ConderTarrant County Criminal District Attorney's Office, Respondent