No. 21-6424

Elijah Dwayne Joubert v. Texas

Lower Court: Texas
Docketed: 2021-11-24
Status: Denied
Type: IFP
IFP
Tags: due-process false-testimony fourteenth-amendment napue-v-illinois prosecutorial-misconduct reasonable-likelihood
Key Terms:
DueProcess HabeasCorpus Punishment Securities
Latest Conference: 2022-04-29
Question Presented (from Petition)

Does the Due Process Clause of the Fourteenth Amendment permit a prosecutor's knowing use of false testimony unless the defendant proves by a preponderance of the evidence that there was a reasonable likelihood that one aspect of the false testimony actually affected the judgment of the jury?

Question Presented (AI Summary)

Does the Due Process Clause of the Fourteenth Amendment permit a prosecutor's knowing use of false testimony unless the defendant proves by a preponderance of the evidence that there was a reasonable likelihood that one aspect of the false testimony actually affected the judgment of the jury?

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-12
Reply of petitioner Elijah Joubert filed. (Distributed)
Main DocumentProof of Service
2022-03-25
Brief of respondent Texas in opposition filed.
Main DocumentProof of Service
2022-02-23
Motion to extend the time to file a response is granted and the time is further extended to and including March 25, 2022.
2022-02-22
Motion to extend the time to file a response from February 25, 2022 to March 25, 2022, submitted to The Clerk.
Main Document
2022-01-25
Motion to extend the time to file a response is granted and the time is further extended to and including February 25, 2022.
2022-01-24
Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
Main Document
2021-12-22
Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2022.
2021-12-21
Motion to extend the time to file a response from December 27, 2021 to January 26, 2022, submitted to The Clerk.
Main Document
2021-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Elijah Joubert
Tivon Schardl — Federal Defender, Capital Habeas Unit, Western District of Texas, Petitioner
State of Texas
Matthew Dennis Ottoway — Assistant Attorney General, Respondent