No. 22-63

Antoin Deneil Marshal v. Texas

Lower Court: Texas
Docketed: 2022-07-22
Status: Denied
Type: Paid
Response RequestedRelisted (3)
Tags: constitutional-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel laches prosecutorial-misconduct reconsideration standing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2023-02-24 (distributed 3 times)
Question Presented (from Petition)

I. Whether the TCCA's application of the equitable doctrine of laches constitutes an independent and adequate state law ground that bars review of petitioner's substantial constitutional claims.

II. Whether the TCCA's application of the equitable doctrine of laches to bar review of the merits of petitioner's substantial constitutional claims violated his right to due process of law. Alternatively, whether the prosecution is estopped from relying on the doctrine of laches when its misconduct caused the delay in filing the habeas corpus application.

Question Presented (AI Summary)

Whether the TCCA's application of the equitable doctrine of laches constitutes an independent and adequate state law ground that bars review of petitioner's substantial constitutional claims

Docket Entries

2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-03
Electronic record received from the Court of Criminal Appeals of Texas.
2023-01-17
Record Requested.
2023-01-04
DISTRIBUTED for Conference of 1/20/2023.
2022-12-29
2022-12-16
2022-11-08
Motion to extend the time to file a response is granted and the time is further extended to and including December 16, 2022.
2022-11-07
Motion to extend the time to file a response from November 16, 2022 to December 16, 2022, submitted to The Clerk.
2022-10-06
Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2022.
2022-10-05
Motion to extend the time to file a response from October 17, 2022 to November 16, 2022, submitted to The Clerk.
2022-09-16
Response Requested. (Due October 17, 2022)
2022-09-07
DISTRIBUTED for Conference of 9/28/2022.
2022-07-20

Attorneys

Antoin Marshal
Randolph L. SchafferRandy Schaffer, P.C., Petitioner
Texas
Sarah Miranda HarpTexas Attorney General, Respondent
Joshua ReissAssistant District Attorney, Respondent