Question Presented (from Petition)
1. On findings of fact, does a federal court (applying the pre-AEDPA statute) presume a finding's correctness whenever the state-court record supports the finding, as the Fifth Circuit continues to hold, or does a federal court consider each salient statutory exception, as all other circuits have done since Jefferson?
2. Does the Fifth Circuit's test for mandatory factfinding, which makes no reference to the sufficiency of state process, violate Townsend?
Question Presented (AI Summary)
Whether the pre-AEDPA presumption of correctness applies whenever the state record supports the state court's finding, or whether the federal court must consider each statutory exception
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-25
Electronic record transmitted from the U.S.D.C.-Southern District of Texas.
2023-08-17
The record from the USCA-5th Circuit is available on PACER.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-30
Reply of petitioner Arturo Daniel Aranda filed.
2023-06-16
Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
2023-05-04
Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2023.
2023-05-03
Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
2023-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2023)
2023-02-02
Application (22A693) granted by Justice Alito extending the time to file until March 9, 2023.
2023-01-25
Application (22A693) to extend the time to file a petition for a writ of certiorari from February 7, 2023 to April 7, 2023, submitted to Justice Alito.