No. 22-6728

John Lezell Balentine v. Texas

Lower Court: Texas
Docketed: 2023-02-08
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: given its interweaving with federal law -abuse-of-writ -federal-law -habeas-corpus -post-conviction-relief -state-law-ground #NAME? abuse-of-the-writ capital-case due-process federal-law juror-misconduct racial-prejudice
Key Terms:
DueProcess HabeasCorpus Jurisdiction JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, § 5, precluded post-conviction relief is an adequate and independent state-law ground for the judgment, where the CCA's application of abuse of the writ is interwoven with federal law?

2. Whether this case should be held pending this Court's decision in Cruz v. Arizona?

3. Whether this Court should remand this case to the Texas courts with instructions to consider the merits of the claims of a juror's racial bias and misconduct?

Question Presented (AI Summary)

Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, § 5, precluded post-conviction relief is an adequate and independent state-law ground for the judgment, where the CCA's application of abuse of the writ is interwoven with federal law

Docket Entries

2023-02-08
Application (22A724) for a stay, submitted to Justice Alito.
2023-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2023)
2023-02-08
Brief of respondent State of Texas in opposition filed.
2023-02-08
Application (22A724) referred to the Court.
2023-02-08
Reply of petitioner John Balentine filed.
2023-02-08
Application (22A724) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied.
2023-02-08
Petition DENIED.

Attorneys

John Balentine
Shawn NolanDefender Association of Philadelphia, Petitioner
State of Texas
Jefferson David ClendeninOffice of the Attorney General of Texas, Respondent